Subtenancy in UK Law

Leading Cases
  • Barrett and Others v Morgan
    • House of Lords
    • 27 January 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 October 1973

    The letting in each case was of a house comprising more dwellings than one. But I agree with the county court judge in thinking that Parliament when it enacted Section 1 (1) used the singular diliberately, and in this instance did not intend the singular to include the plural. The policy of the Rent Acts was and is to protect the tenant in his home, whether the threat be to extorta premium for the grant or renewal of his tenancy, to increase his rent, or to evict him.

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

    That submission, as it seems to me, is based on two assumptions which cannot be supported. First, it assumes that that a head landlord has no interest in the terms of the underlease as to rent and repairs for so long as the headlease subsists.

    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.

  • Crestfort Ltd and Others v Tesco Stores Ltd and Another
    • Chancery Division
    • 25 May 2005

    The issue of construction does not admit of any lengthy useful elaboration and the citation of authorities on the construction of clauses which are not practically identical affords no assistance. In my judgment the proviso to clause 4(28) limits the circumstances in which the absolute prohibition on underletting is qualified and the tenant has a right to request consent. The mandatory conditions stipulated in the proviso must be satisfied.

  • Akzo Nobel UK Ltd v Arista Tubes Ltd
    • Chancery Division
    • 19 March 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 July 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.

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Legislation
  • Increase of Rent and Mortgage Interest (Restrictions) Act 1920
    • UK Non-devolved
    • January 01, 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 ... ...
  • Counter-Inflation (Business Rents) Order 1973
    • UK Non-devolved
    • January 01, 1973
    ... ... a subtenant under a business tenancy, whether or not there are other subtenancies of that property intervening between the tenancy and the subtenancy which is a business tenancy ; and ... "the 1972 Order" means the Counter-Inflation (Business Rents) Order 1972(a) ... (3) In this order, unless the ... ...
  • Law of Property (Miscellaneous Provisions) Act 1994
    • UK Non-devolved
    • January 01, 1994
  • Occupiers' Liability (Scotland) Act 1960
    • UK Non-devolved
    • January 01, 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 ... ...
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Books & Journal Articles
  • Basic Information
    • Part 1. Legal background, definitions and relevant law
    • Agricultural Tenancies - 3rd edition
    • Nigel Davis
    • 1-8
    ... ... Reversioner The person entitled to the reversion ... Sub-lease/subtenancy ... A leasehold interest ‘carved out’ of a superior leasehold interest ... Tenancy The leasehold interest ... 8 Agricultural Tenancies ... ...
  • Index
    • Part 2. Notices, precedents and forms
    • Agricultural Tenancies - 3rd edition
    • Nigel Davis
    • 251-266
    ... ... Notice to quit: 1986 Act tenancies of head tenancy, effect on subtenancy 53–54 time limits: summary 51, 91– ... 99 variation 9, 56, 73–74, 75 of rent see Rent: 1986 Act tenancies written agreements omitting ... ...
  • Enlargement of Long Terms
    • Contents
    • Positive Covenants and Freehold Land
    • Christopher Jessel
    • 105-113
    ... ... In PW & Co v Milton Gate Investments Ltd23the reversion to an old subtenancy was extinguished following the exercise of a break clause in the headlease. Neuberger J held that although under the general law the sublessees’ ... ...
  • Statutes
    • No. 18-1, January 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 ... ...
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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 ... ...
  • 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 ... ...
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