sec.142Effect of requirement in lease for consent of lessor to assign lease or take other action

### sec.142 Effect of requirement in lease for consent of lessor to assign lease or take other action This section applies if a lessee is required under a lease of land to obtain the lessor’s consent to— assign the lease; or enter into a sublease; or part with or share possession of the leased premises; or change the use of the leased premises from a use that is permitted under the lease; or create a mortgage over the lessee’s interest in the land; or make an alteration or carry out works in relation to the leased premises; or act under paragraph (a) , (b) , (c) , (d) , (e) or (f) in relation to a part of the leased premises or for a period of the term of the lease. The lessee may give the lessor a notice (a proposal notice ), containing any information required under the lease, asking for consent. The lessor must not unreasonably withhold consent. If the lessor considers the information given in the proposal notice is not sufficient to enable the lessor to make a decision, the lessor may give the lessee a notice requiring the further information the lessor considers is required to make the decision. The lessor must give the lessee a notice (the decision notice ) stating the lessor’s decision within 1 month after receiving full particulars of the lessee’s proposal. The decision notice must also state— if the lessor gives consent—the conditions, if any, attached to the consent and the reasons for the conditions; and if the lessor withholds consent—the reasons for the decision. The lessor and lessee may, within the period mentioned in subsection (5) , agree to extend the period for the giving of the decision notice. The lessee may apply to the court to make a decision about the lessee’s proposal if— the lessee believes the lessor has unreasonably withheld consent; or the lessee believes a condition attached to the lessor’s consent is unreasonable, unnecessary or onerous; or the lessor fails to give the lessee a decision notice under subsection (5) . The court may hear and decide the application and make the orders it considers appropriate. If the lessee makes an alteration or carries out work in relation to the leased premises without the consent of the lessor, the lessee must restore the premises to the condition the premises were in immediately before the alteration or the carrying out of the work. This section applies despite any agreement to the contrary. (sec.142-ssec.1) This section applies if a lessee is required under a lease of land to obtain the lessor’s consent to— assign the lease; or enter into a sublease; or part with or share possession of the leased premises; or change the use of the leased premises from a use that is permitted under the lease; or create a mortgage over the lessee’s interest in the land; or make an alteration or carry out works in relation to the leased premises; or act under paragraph (a) , (b) , (c) , (d) , (e) or (f) in relation to a part of the leased premises or for a period of the term of the lease. (sec.142-ssec.2) The lessee may give the lessor a notice (a proposal notice ), containing any information required under the lease, asking for consent. (sec.142-ssec.3) The lessor must not unreasonably withhold consent. (sec.142-ssec.4) If the lessor considers the information given in the proposal notice is not sufficient to enable the lessor to make a decision, the lessor may give the lessee a notice requiring the further information the lessor considers is required to make the decision. (sec.142-ssec.5) The lessor must give the lessee a notice (the decision notice ) stating the lessor’s decision within 1 month after receiving full particulars of the lessee’s proposal. (sec.142-ssec.6) The decision notice must also state— if the lessor gives consent—the conditions, if any, attached to the consent and the reasons for the conditions; and if the lessor withholds consent—the reasons for the decision. (sec.142-ssec.7) The lessor and lessee may, within the period mentioned in subsection (5) , agree to extend the period for the giving of the decision notice. (sec.142-ssec.8) The lessee may apply to the court to make a decision about the lessee’s proposal if— the lessee believes the lessor has unreasonably withheld consent; or the lessee believes a condition attached to the lessor’s consent is unreasonable, unnecessary or onerous; or the lessor fails to give the lessee a decision notice under subsection (5) . (sec.142-ssec.9) The court may hear and decide the application and make the orders it considers appropriate. (sec.142-ssec.10) If the lessee makes an alteration or carries out work in relation to the leased premises without the consent of the lessor, the lessee must restore the premises to the condition the premises were in immediately before the alteration or the carrying out of the work. (sec.142-ssec.11) This section applies despite any agreement to the contrary. - (a) assign the lease; or - (b) enter into a sublease; or - (c) part with or share possession of the leased premises; or - (d) change the use of the leased premises from a use that is permitted under the lease; or - (e) create a mortgage over the lessee’s interest in the land; or - (f) make an alteration or carry out works in relation to the leased premises; or - (g) act under paragraph (a) , (b) , (c) , (d) , (e) or (f) in relation to a part of the leased premises or for a period of the term of the lease. - (a) if the lessor gives consent—the conditions, if any, attached to the consent and the reasons for the conditions; and - (b) if the lessor withholds consent—the reasons for the decision. - (a) the lessee believes the lessor has unreasonably withheld consent; or - (b) the lessee believes a condition attached to the lessor’s consent is unreasonable, unnecessary or onerous; or - (c) the lessor fails to give the lessee a decision notice under subsection (5) .