Hire-Purchase Act 1969 · 2020 Revised Edition · Part 4 · Hirers
11. Assignments of right, title and interest of hirer under regulated agreement
Feedback & supportThe right, title and interest of a hirer under a regulated agreement may be assigned with the consent of the owner, or if his consent is unreasonably withheld, without his consent.
hirer
“hirer” means the person who takes or has taken goods from an owner under a hire‑purchase agreement or a conditional sale agreement and includes a person to whom the hirer’s rights or liabilities under the agreement have passed by assignment or by operation of law;
Except as otherwise provided in this section, no payment or other consideration shall be required by an owner for his consent to such an assignment as is mentioned in subsection (1) and where an owner requires any such payment or other consideration for his consent, that consent shall be deemed to be unreasonably withheld.
owner
“owner” means a person by whom goods are bailed to a hirer under a hire‑purchase agreement or a conditional sale agreement and includes a person whom the owner’s rights or liabilities under the agreement have passed by assignment or by operation of law;
Where, at the request of a hirer under a regulated agreement, the owner fails or refuses to give his consent to an assignment by the hirer of his right, title and interest under the agreement, the hirer may apply to a court for an order declaring that the consent of the owner to that assignment has unreasonably been withheld.
regulated agreement
“regulated agreement” means a hire-purchase agreement or a conditional sale agreement which relates to the goods specified in the First Schedule, but does not include any agreement in which the hirer is engaged in the trade or business of selling goods of the same nature or description as the goods comprised in the agreement;
Where an order is made under subsection (3) the consent shall be deemed to be unreasonably withheld.
As a condition of granting consent to an assignment of the right, title and interest of the hirer under a regulated agreement, the owner may stipulate that all defaults under the agreement shall be made good and may require the hirer and assignee —
to execute and deliver to the owner an assignment in a form approved by the owner whereby, without prejudicing or affecting the continuing personal liability of the hirer in those respects, the assignee agrees with the owner to be personally liable to pay the instalments remaining unpaid and to perform and observe all other stipulations and conditions of the regulated agreement during the residue of the term of the regulated agreement and whereby the assignee indemnifies the hirer in respect of those liabilities; and
to pay to the owner any reasonable costs incurred by the owner (including legal expenses) in preparing, drawing, stamping or registering the assignment, agreement or counterparts.