Q&As

Do the rights granted under a long residential lease (for example a right of access) pass to the subtenant of a leaseholder (granted on an assured shorthold tenancy (AST) basis)?

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Published on LexisPSL on 02/10/2019

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Do the rights granted under a long residential lease (for example a right of access) pass to the subtenant of a leaseholder (granted on an assured shorthold tenancy (AST) basis)?

Do the rights granted under a long residential lease (for example a right of access) pass to the subtenant of a leaseholder (granted on an assured shorthold tenancy (AST) basis)?

Assuming that the assured shorthold tenancy is silent, the subtenant may be able to rely on section 62 of the Law of Property Act 1925 (LPA 1925) unless that is excluded.

LPA 1925, s 62 provides that every ‘conveyance’ of land is deemed to include and operates to convey, with the land:

  1. all ways, waters, watercourses, liberties, privileges,

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