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PROPERTY LAW ACT 1974 - SECT 121
Provisions as to covenants not to assign etc. without licence or consent
121 Provisions as to covenants not to assign etc. without licence or consent
(1) In all leases whether made before or after the commencement of this Act,
containing a covenant, condition, or agreement against assigning,
underletting, charging or parting with the possession of premises leased or
any part of the premises, without licence or consent, such covenant,
condition, or agreement shall— (a) despite any express provision to the
contrary, be deemed to be subject— (i) to a proviso to the effect that the
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 the licence
or consent; and
(ii) if the lease is for more than 40 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, underletting, charging, or parting with
the possession (whether by the holders of the lease or any under-lessee
whether immediate or not) effected more than 7 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 6 months after the transaction is
effected; and
(b) unless the lease contains an express provision to the
contrary, be deemed to be subject to a proviso to the effect that no fine or
sum of money in the nature of a fine shall be payable for or in respect of the
licence or consent, but this proviso does not preclude the right to require
the payment of a reasonable sum in respect of any legal or other expenses
incurred in relation to the licence or consent.
(2) In all leases, whether
made before or after the commencement of this Act, containing a covenant,
condition, or agreement against the making of improvements without licence or
consent, such covenant, condition, or agreement shall be deemed, despite any
express provision to the contrary, to be subject to the proviso that the
licence or consent is not to be unreasonably withheld, but this proviso does
not preclude the right to require as a condition of the 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 the
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 the 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 this Act,
containing a covenant, condition, or agreement against the alteration of the
user of the leased 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, despite 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 the 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 the licence or consent.
(4)
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.
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