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Landlord and Tenant Act 1954

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This is the original version (as it was originally enacted).

53Jurisdiction of county court where lessor refuses licence or consent.

(1)Where a landlord withholds his licence or consent—

(a)to an assignment of the tenancy or a subletting, charging or parting with the possession of the demised property or any part thereof, or

(b)to the making of an improvement on the demised property or any part thereof, or

(c)to a change in the use of the demised property or any part thereof, or to the making of a specified use of that property,

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 the county court shall have the like jurisdiction whatever the value of the demised property or the rent payable under the tenancy and notwithstanding that the tenant does not seek any relief other than the declaration.

(2)Where on the making of an application to the county court for such a declaration the court is satisfied that the licence or consent was unreasonably withheld, the court shall make a declaration accordingly.

(3)The foregoing provisions of this section shall have effect whether the tenancy in question was created before or after the commencement of this Act and whether the refusal of the licence or consent occurred before or after the commencement of this Act.

(4)Nothing in this section shall be construed as conferring jurisdiction on the county court to grant any relief other than such a declaration as aforesaid.

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