388. Grounds of refusal of consent; unreasonableness.

When a difference is to be resolved between landlord and tenant following the withholding of consent to an assignment, three principles may be derived from the authorities1:

  1.  

    (1)     a landlord is not entitled to refuse his consent to an assignment on grounds that have nothing whatever to do with the relationship of landlord and tenant in regard to the subject matter of the lease2;

  2.  

    (2)     in any case where the requirements of the first principle are met, the question of whether the landlord's conduct was reasonable or unreasonable will be one of fact to be decided by the tribunal