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.

  • 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.

  • 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. 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.

  • 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
  • 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 ......
  • Rent Restrictions (Scotland) Amendment Regulations, 1954
    • UK Non-devolved
    • January 01, 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 ......
  • Crofters (Scotland) Act 1993
    • UK Non-devolved
    • January 01, 1993
    ......be imposed on such a crofter in respect of any period during. which such a subtenancy subsists. . (4) Subject to section 50 of this Act and to subsections (5). and (6) below, where the grazings committee have obtained the. approval ......
  • 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 context ......
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Books & Journal Articles
  • Statutes
    • Nbr. 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 ......
  • NOTES OF CASES
    • Nbr. 20-1, January 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
    • Nbr. 21-4, July 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
    • Nbr. 1-3, October 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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