Section 12
Assignments of rights under hire-purchase agreement
The right, title and interest of a hirer under a hire-purchase agreement may be assigned with the consent of the owner, or if his consent is unreasonably withheld, without his consent.
(2)
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.
(3)
Where, at the request of a hirer under a hire-purchase agreement, the owner fails or refuses to give his consent to an assignment by the hirer or his right, title and interest under the agreement, the hirer may apply to the High Court for an order declaring that the consent of the owner to that assignment has unreasonably been withheld, and where such an order is made that consent shall be deemed to be unreasonably withheld.
(4)
As a condition of granting consent to an assignment of the right, title and interest of the hirer under a hire-purchase agreement, the owner may stipulate that all defaults under the agreement shall be made good and may require the hirer and assignee—
(a)
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 hire-purchase agreement during the residue of the term thereof and whereby the assignee indemnifies the hirer in respect of those liabilities; and
(b)
to pay the reasonable costs (if any) incurred by the owner in stamping or registering the assignment agreement or counterparts.
Hire-Purchase 29
(5)
The refusal on the part of the owner to give consent to an assignment as is mentioned in subsection (1) on the ground that he requires other or additional guarantors to guarantee the assignee’s obligation shall be deemed unreasonable—
(a)
where the same guarantors who have guaranteed the hirer’s obligation under the hire-purchase agreement have agreed to guarantee the assignee’s obligation under that agreement; or
(b)
where the assignee has furnished the same number of guarantors as was furnished by the hirer to guarantee his obligation under the hire-purchase agreement as guarantors for his obligation under the agreement.