Chapter IHTM24225

Published date20 March 2016
Record NumberIHTM24225
CourtHM Revenue & Customs
IssuerHM Revenue & Customs

A landlord may grant a tenancy to someone (the ‘head’ tenant) who then grants a sub-tenancy to someone else. Legal protection in respect of a sub-tenancy will depend upon the manner in which the interest of the head tenant is determined and whether the sub-tenant has received notice to quit from the head tenant.

In common law, if the landlord terminates the head tenant’s tenancy by serving notice to quit, any sub-tenancy granted by the head tenant will also fall by operation of law. If the head tenant fails to serve a counter-notice therefore, the...

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