Q&As

There is an existing lease for solar panels (the lease), and a 125-year lease is subsequently granted over the same property (the new lease). The new lease made no reference to the lease. What is the status of the lease? Were the solar panels demised to the tenant of the new lease? Who is entitled to rental income from the lease? Would this be any different if the lease was of a basement floor (for computer servers) and the new lease included the basement floor? Again, who is entitled to any rental income?

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Published by a LexisNexis Property Disputes expert
Published on: 27 January 2022
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There can be only one lease at a time giving a right to possession and occupation of property. The landlord cannot unilaterally end an existing lease by the grant of a new lease to a third party (unless the existing lease provided for it). Consequently, if a landlord subsequently grants a lease of the

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Jurisdiction(s):
United Kingdom

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