Q&As

In the event that a headlease is forfeited but the subtenant subsequently enters into a tenancy at will, if they previously had a tenancy under the Landlord and Tenant Act 1954, will they still be a protected tenant irrespective of the tenancy at will?

read titleRead full title
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 23/07/2019

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

  • In the event that a headlease is forfeited but the subtenant subsequently enters into a tenancy at will, if they previously had a tenancy under the Landlord and Tenant Act 1954, will they still be a protected tenant irrespective of the tenancy at will?

A subtenancy is a tenancy created out of the headlease and will ordinarily mean that there is no privity of contract between the subtenant and the freeholder. It is well-established following the line of authorities approving the Court of Appeal decision in Pennell v Payne that determination of the headlease by notice also determines a sublease (see, for example, the decision of the House of Lords in Barrett v Morgan).

In PW & Co v Milton Gate Investments Ltd, it was noted that a lease creates an interest in land, and where the tenant grants a subtenancy, they are gra

Popular documents