Q&As

Can a tenant under a year-to-year tenancy grant a sublease with a fixed term of more than 12 months if there is a 12-month termination provision in the sublease?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 28/08/2018

The following Property Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can a tenant under a year-to-year tenancy grant a sublease with a fixed term of more than 12 months if there is a 12-month termination provision in the sublease?

Can a tenant under a year-to-year tenancy grant a sublease with a fixed term of more than 12 months if there is a 12-month termination provision in the sublease?

A sublease is a lease granted out of an original tenant’s lease, that original lease often being referred to as the headlease. The original tenant retains their lease with the landlord, but grants a sublease to a subtenant who pays rent to the tenant. The tenant will remain bound by the terms of the headlease even if a sublease is granted and the tenant is no longer in occupation, and so will still be liable to pay rent to the landlord. This provides protection to the landlord in the event that the subtenant fails to comply with the terms of the sublease.

The first step that a tenant will need to take in considering whether to grant a sublease is to check the terms of their lease. A lease may prohibit the granting of a sublease

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