Subtenancy in UK Law

Leading Cases
  • Barrett and Others v Morgan
    • House of Lords
    • 27 Ene 2000

    Formerly the extinguishment of the tenancy by surrender also extinguished the reversion to any sub-tenancy, so that the remedy for the rent and the covenants attached to the reversion ceased with the reversion to which they were annexed. This unsatisfactory state of affairs was remedied by statute in two stages.

  • Horford Investments Ltd v Lambert
    • Court of Appeal (Civil Division)
    • 18 Oct 1973

    The letting in each case was of a house comprising more dwellings than one. Was it the letting of a house as a dwelling (both parties agree that the word "separate" is of no importance in this connection)? If Mr. Wood is right that the Interpretation Act requires us to construe the subsection's phrase "a dwelling" so that it includes "dwelling", cadit quaestio: each tenancy is protected.

  • Akzo Nobel UK Ltd v Arista Tubes Ltd
    • Chancery Division
    • 19 Mar 2009

    Thirdly, the claimant's construction produces business uncertainty. If the claimant were able to trigger completion at any time during the notice period, the defendant could be placed in a position where it would not know where it stood until shortly before the expiry of the period. I think Mr Gaunt is right that the clause contemplates a period of certainty when the claimant can seek another tenant and the defendant can make preparations to vacate.

  • NCR Ltd v Riverland Portfolio No 1 Ltd (No 2)
    • Chancery Division
    • 16 Jul 2004

    Thirdly, having heard the evidence of Mr Shapiro, I do not accept that there was any damage to the reversion such as to entitle Riverland to withhold its consent. In my judgment, the damage of which Mr Shapiro spoke was remote and speculative.

  • Maunsell v Olins
    • House of Lords
    • 27 Nov 1974

    It is sometimes put that, in statutes dealing with ordinary people in their everyday lives, the language is presumed to be used in its primary ordinary sense, unless this stultifies the purpose of the statute, or otherwise produces some injustice, absurdity, anomaly or contradiction, in which case some secondary ordinary sense may be preferred, so as to obviate the injustice, absurdity, anomaly or contradiction, or fulfil the purpose of the statute: while, in statutes dealing with technical matters, words which are capable of both bearing an ordinary meaning and being terms of art in the technical matter of the legislation will presumptively bear their primary meaning as such terms of art (or, if they must necessarily be modified, some secondary meaning as terms of art).

  • Palser v Grinling Property Holding Company Ltd; Property Holding Company Ltd v Mischeff
    • House of Lords
    • 19 Dic 1947

  • Allied Dunbar Assurance Plc v Homebase Ltd
    • Court of Appeal (Civil Division)
    • 17 May 2002

    Second, the submission is based on the assumption that the terms of any tenancy which might arise between the head landlord and a permitted sub-tenant upon the termination of the headlease will be the terms of the permitted underlease. But there is nothing in the headlease which requires that any permitted underlease will be for a contractual term equal (or nearly equal) to the remaining term of the lease.

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Legislation
  • Increase of Rent and Mortgage Interest (Restrictions) Act 1920
    • UK Non-devolved
    • 1 de Enero de 1920
    ......possession of the dwelling-house, and the expressions. ‘tenant and tenancy’ include sub-tenant and subtenancy,. and the expression ‘let’ includes sub-let;. and the expression ‘tenant’ includes the widow of. a tenant dying intestate who was residing ......
  • Occupiers' Liability (Scotland) Act 1960
    • UK Non-devolved
    • 1 de Enero de 1960
    ......premises towards persons entering on them. (2) Where premises are occupied or used by virtue of a subtenancy,. the foregoing subsection shall apply to any landlord who. is responsible for the maintenance or repair of the premises. comprised in the ......
  • Rent Restrictions (Scotland) Amendment Regulations, 1954
    • UK Non-devolved
    • 1 de Enero de 1954
    ...... an order for possession against you if you are over-charging any subtenant, and where the Sheriff has already fixed the proper rent for a subtenancy and you overcharge your subtenant, you are liable to a fine of £100. 21. The local authority is the Town/County Council of … . whose address is ......
  • Disability Discrimination (Employment) Regulations 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ......section 68. Paragraph 3 of Schedule 4 is modified(where premises are. occupied under a sublease or subtenancy) by S.I.1996/1333. (b) 1984 c.55. (c) S.I. 1990/2179. (d) These amendments to the Technical Standards were given effect to. by S.I. 1993/1457 and ......
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Books & Journal Articles
  • Statutes
    • Núm. 18-1, Enero 1955
    • The Modern Law Review
    ...... The exemption does not extend to subletting. The standard rent of the subtenancy is based on the rent under the head tenancy. There is a novel provision where the interest of the head landlord ceases ......
  • NOTES OF CASES
    • Núm. 20-1, Enero 1957
    • The Modern Law Review
    ...... possible choice is between the first rent book and that being used at the date of the commencement of the subtenancy. But often both books will, long since, have been destroyed. On whom, then, rests the burden of proof that there ......
  • THE OCCUPIERS’ LIABILITY ACT
    • Núm. 21-4, Julio 1958
    • The Modern Law Review
    ...... were there by his invitation or permission (but without any contract).” Where premises are occupied under a subtenancy, the same duty is owed by any landlord on whom an obligation to repair is put by the sub-tenancy, as well as by ......
  • THE FINANCES OF FOUNDING A FAMILY
    • Núm. 1-3, Octubre 1954
    • Scottish Journal of Political Economy
    ...... of our couples were still in shared premises, but others. having found their subtenancy intolerable and the Housing Department’s waiting list long. had moved to a two-roomed flat in an old privately owned ......
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Law Firm Commentaries
  • The Calculation of Interim Rent Following the Reforms to the Landlord and Tenant Act 1954
    • Mondaq United Kingdom
    ......The Court would have regard to the rent payable under the old tenancy and to the rent payable under any subtenancy of part of the premises. Where a new tenancy is ordered but not taken up. If the Court makes an order for the grant of a new tenancy and orders ......
  • Supreme Court Limits Landlords Liability for Disrepair
    • JD Supra United Kingdom
    The recent Supreme Court decision in Edwards v. Kumarasamy [2016] UKSC 40 will come as a relief to buy-to-let landlords concerned about their liability for disrepairs in common parts. The Supreme C...
    ......, "[i]n so far as [K] had any right over the hall and paved area, he has effectively disposed of that right to [E] for the term of the Subtenancy just as much as he has disposed of his right to use and occupy the Flat to [E] for the term of the Subtenancy. During the Subtenancy it is the tenant ......
  • Supreme Court Limits Landlords Liability For Disrepair
    • Mondaq UK
    ......, "[i]n so far as [K] had any right over the hall and paved area, he has effectively disposed of that right to [E] for the term of the Subtenancy just as much as he has disposed of his right to use and occupy the Flat to [E] for the term of the Subtenancy. During the Subtenancy it is the tenant ......
  • Ending Leases
    • Mondaq UK
    ...... which had been granted out of the surrendered lease do not fall away: the landlord simply becomes the direct landlord on the terms of the subtenancy. Landlords should therefore make sure that they are aware of any subtenancies that are in place before they agree to take a surrender. Forfeiture - ......
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