Section 35: Consent Needed to Assign Tenancy by Occupancy
35.Transactions with tenancy by occupancy
(1)A tenant by occupancy may, in accordance with the provisions of this section, assign, sublet or subdivide the tenancy with the consent of the land owner.
(2)A tenancy by occupancy may be inherited.
(3)Prior to undertaking any transaction to which subsection (1) refers, the tenant by occupancy shall submit an application in the prescribed form to the owner of the land for his or her consent to the transaction.
(4)The registered owner shall, within six weeks from the date of receipt of the application or such longer time as may be prescribed, either grant a consent to the transaction in the prescribed form, with or without conditions, or refuse consent to the transaction.
(5)Where the registered owner refuses to grant consent to the transaction or grants consent subject to conditions which the tenant by occupancy objects to or fails within the prescribed time to give any decision on the application, the tenant by occupancy may appeal to a district land tribunal against the refusal or the conditions, as the case may be.
(6)For the purposes of appealing under this section, the failure to give a decision referred to in subsection (5) shall be taken to be a refusal.
(7)A district land tribunal shall, in the exercise of its functions under this section, grant the consent, with or without conditions which may include or depart from conditions imposed by the owner, or refuse consent to the transaction or may adjourn the proceedings to enable the parties to reach an agreement on the matter.
(8)A copy of every consent, signed by the owner or, where the consent has been granted by a district land tribunal, by the secretary of the district land tribunal, shall be delivered or sent to the recorder who shall keep a record in the prescribed form of all such consents.
(9)No transaction to which this section applies shall be valid and effective to pass any interest in land if it is undertaken without a consent as provided for in this section, and the recorder shall not make any entry on the record of any such transaction in respect of which there is no consent.
Plain English Summary
You have the right to assign, sublet, or subdivide your tenancy by occupancy, but only with the land owner's written consent. You must apply to the ow...
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