Section 98 — Housing Act 1985: Provisions as to consents required by s. 97.

Provisions as to consents required by s. 97. 98 1 If a question arises whether the withholding of a consent required by virtue of section 97 (landlord’s consent to improvements) was unreasonable, it is for the landlord to show that it was not.

2 In determining that question the court shall, in particular, have regard to the extent to which the improvement would be likely—

a to make the dwelling-house, or any other premises, less safe for occupiers, b to cause the landlord to incur expenditure which it would be unlikely to incur if the improvement were not made, or c to reduce the price which the dwelling-house would fetch if sold on the open market or the rent which the landlord would be able to charge on letting the dwelling-house.

3 A consent required by virtue of section 97 may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.

4 Where a tenant has applied in writing for a consent which is required by virtue of section 97—

a the landlord shall if it refuses consent give the tenant a written statement of the reason why consent was refused, and b if the landlord neither gives nor refuses to give consent within a reasonable time, consent shall be taken to have been withheld.