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

The implied proviso1 that consent shall not be unreasonably withheld is not to be construed as implying a covenant on the part of the landlord not to refuse his consent arbitrarily or unreasonably2; but, if in fact it is so refused, the tenant is at liberty to assign without the landlord's consent3, and the tenant may obtain a declaration by the court of his right to do so4.

Where a landlord withholds his licence or consent to an assignment of the tenancy or a subletting, charging or parting with the possession of the demised property or any part of it,