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CONVEYANCING ACT 1919 - SECT 133B
Covenants against assigning etc
133B Covenants against assigning etc
(1) In all leases whether made before or after the commencement of the
Conveyancing (Amendment) Act 1930 containing a covenant, condition, or
agreement against assigning, underletting, charging, or parting with the
possession of demised premises or any part thereof without licence or consent,
such covenant, condition, or agreement shall, notwithstanding any express
provision to the contrary, be deemed to be subject-- (a) to a proviso to the
effect that such licence or consent is not to be unreasonably withheld, but
this proviso does not preclude the right of the lessor to require payment of a
reasonable sum in respect of any legal or other expenses incurred in
connection with such licence or consent, and
(b) (if the lease is for more
than forty years and is made in consideration wholly or partially of the
erection, or the substantial improvement, addition, or alteration of
buildings) to a proviso to the effect that in the case of any assignment,
under-letting, charging, or parting with the possession (whether by the
holders of the lease or any under-lessee whether immediate or not) effected
more than seven years before the end of the term no consent or licence shall
be required, if notice in writing of the transaction is given to the lessor
within six months after the transaction is effected.
(2) In all leases
whether made before or after the commencement of the Conveyancing (Amendment)
Act 1930 containing a covenant, condition, or agreement against the making of
improvements without licence or consent, such covenant, condition, or
agreement shall be deemed, notwithstanding any express provision to the
contrary, to be subject to the proviso that such licence or consent is not to
be unreasonably withheld; but this proviso does not preclude the right to
require as a condition of such licence or consent the payment of a reasonable
sum in respect of any damage to or diminution in the value of the premises or
any neighbouring premises belonging to the lessor, and of any legal or other
expenses properly incurred in connection with such licence or consent nor, in
the case of an improvement which does not add to the letting value of the
holding, does it preclude the right to require as a condition of such licence
or consent, where such a requirement would be reasonable, an undertaking on
the part of the lessee to reinstate the premises in the condition in which
they were before the improvement was executed.
(3) In all leases whether made
before or after the commencement of the Conveyancing (Amendment) Act 1930
containing a covenant, condition, or agreement against the alteration of the
user of the demised premises, without licence or consent, such covenant,
condition, or agreement shall, if the alteration does not involve any
structural alteration of the premises, be deemed, notwithstanding any express
provision to the contrary, to be subject to a proviso that no fine or sum of
money in the nature of a fine, whether by way of increase of rent or
otherwise, shall be payable for or in respect of such licence or consent; but
this proviso does not preclude the right of the lessor to require payment of a
reasonable sum in respect of any damage to or diminution in the value of the
premises or any neighbouring premises belonging to the lessor and of any legal
or other expenses incurred in connection with such licence or consent.
Where a dispute as to the reasonableness of any such sum has been determined
by a court of competent jurisdiction, the lessor shall be bound to grant the
licence or consent on payment of the sum so determined to be reasonable.
(4)
Paragraph (b) of subsection (1), and subsections (2) and (3), do not apply to
mining leases.
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