Q&As

The term of a long lease of commercial premises is 99 years (headlease). A proposed sublease will expire eight days before the headlease. If the sublease is a secure tenancy within the Landlord and Tenant Act 1954, will this mean that the headlease is a also a secure tenancy? If not, what effect will this have on the sublease on the expiry of the headlease?

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Published by a LexisNexis Property expert
Published on: 01 November 2018
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Commercial leases

Part II of the Landlord and Tenant Act 1954 (LTA 1954) applies to business tenancies, defined in LTA 1954, s 23 as ‘any tenancy where the property comprised in the tenancy is or includes premises which are occupied by the tenant and are so occupied for the purposes of a business carried on by him or for those and other purposes’.

LTA 1954, Pt II contains provisions which give considerable security of Tenure to business tenants. In essence, LTA 1954, s 24 provides that a tenancy which falls within LTA 1954, Pt II cannot come to an end unless it is terminated in accordance with the provisions of LTA 1954, Pt II. Moreover LTA 1954, s 24 provides

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Secure tenancy definition
What does Secure tenancy mean?

A tenancy regulated by the Housing Act 1985.

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