SCHEDULES

E2SCHEDULE 4 Premises Occupied Under Leases

Annotations:
Extent Information
E2

In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

C1C2Part II Occupation by F3persons subject to a duty under section 21, 21E or 21H

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C1

Sch. 4 Pt. II modified (1.10.2004) by S.I. 2001/3253, reg. 9

Joining lessors in proceedings under section 25

E17

F11

In any proceedings on a claim F2under section 25 in a case to which section 27 applies, other than a claim presented as a complaint under section 25(8), the plaintiff, the pursuer or the occupier concerned may ask the court to direct that the lessor be joined or sisted as a party to the proceedings.

2

The request shall be granted if it is made before the hearing of the claim begins.

3

The court may refuse the request if it is made after the hearing of the claim begins.

4

The request may not be granted if it is made after the court has determined the claim.

5

Where a lessor has been so joined or sisted as a party to the proceedings, the court may determine—

a

whether the lessor has—

i

refused consent to the alteration, or

ii

consented subject to one or more conditions, and

b

if so, whether the refusal or any of the conditions was unreasonable.

6

If, under sub-paragraph (5), the court determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—

a

make such declaration as it considers appropriate;

b

make an order authorising the occupier to make the alteration specified in the order;

c

order the lessor to pay compensation to the complainant.

7

An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.

8

If the court orders the lessor to pay compensation it may not order the occupier to do so.