365. Tenant's remedy where consent is unreasonably refused.

An unreasonable refusal of consent entitles the tenant either to make the improvements without any further request for consent and then defend any proceedings by the landlord1, or to bring proceedings for a declaration that the landlord has unreasonably withheld his consent2.

Under the Landlord and Tenant Act 1954, where a landlord withholds his licence or consent to the making of an improvement on the demised property or any part of it, and the High Court has jurisdiction to make a declaration that the licence or consent was unreasonably withheld, then, without prejudice to the jurisdiction of the High Court,