97Mortgagees and head lessors

97 Mortgagees and head lessors (1) This section applies if the lessor— (a) receives a request from the tenant under section 95 (Request for consent to assignment, sublease or mortgage); and (b) has a mortgagee, head lessor or both; and (c) is required under the mortgage or head lease to obtain the consent of the mortgagee or head lessor to the assignment, sublease or mortgage of the lease. (2) The lessor must tell the lessor’s mortgagee, head lessor or both that the request has been made and of the terms of the request as soon as practicable after receiving the request. (3) If the lessor’s mortgagee or head lessor requires further information or documents that the lessor may request under section 96, the lessor must ask the tenant for the information or documents and give them to the person who required them. (4) If the lessor’s mortgagee or head lessor refuses to consent to the tenant’s request, the mortgagee or head lessor must tell the lessor and tenant in writing within 14 days after being told of the request, or after a further period agreed between the parties.

(5) A refusal under subsection (4) must include the reason for refusal. (6) The lessor’s mortgagee or head lessor is taken to have consented to the tenant’s request if the mortgagee or head lessor fails to give the lessor and tenant written notice of consent or refusal to consent to the request by the latest of the following: (a) 14 days after being told of the request; (b) if the mortgagee or head lessor asked for information or a document under section 96—14 days after receiving the information or document; (c) if a further period has been agreed under subsection (4)—the end of that further period.