1301. Identity of grantor; special cases.

Where a tenancy1 in the house2 and premises3 superior to the tenancy in possession4 is vested in the claimant5 or a trustee for him, the lease6 must include an actual surrender of the superior tenancy without a regrant7.

Where the effect of the lease would otherwise be, as regards any tenancy superior to the new tenancy:

  1.  

    (1)     that the rent payable under that superior tenancy8 would be equal to or more than the rent payable under the tenancy on which it would be in immediate reversion, regard being had to the operation of this provision in relation to any other