Q&As

What is the status of a tenant of mixed use premises whose lease expired and they are no longer in occupation but are paying rent. The tenant sublet the residential element of the premises with consent, and the commercial element without consent. What action should be taken to terminate any relationship with the existing tenant and enter into direct relationships with the subtenants, and can the landlord claim rent directly from the subtenants in the interim?

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Published on LexisPSL on 13/01/2016

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

  • What is the status of a tenant of mixed use premises whose lease expired and they are no longer in occupation but are paying rent. The tenant sublet the residential element of the premises with consent, and the commercial element without consent. What action should be taken to terminate any relationship with the existing tenant and enter into direct relationships with the subtenants, and can the landlord claim rent directly from the subtenants in the interim?
  • Status of existing headtenant and how to end relationship
  • The unauthorised commercial subtenant
  • Entering into direct relationships with residential and commercial tenants
  • Residential tenant
  • Commercial tenant
  • New leases
  • Section 40 notice on headtenant
  • Section 27 notice

What is the status of a tenant of mixed use premises whose lease expired and they are no longer in occupation but are paying rent. The tenant sublet the residential element of the premises with consent, and the commercial element without consent. What action should be taken to terminate any relationship with the existing tenant and enter into direct relationships with the subtenants, and can the landlord claim rent directly from the subtenants in the interim?

In answering this Q&A we have assumed that:

  1. the premises were protected under the Landlord and Tenant Act 1954 (LTA 1954). We also assume that the tenant vacate prior to or upon expiry of the fixed term

  2. the authorised and unauthorised sublettings were entered into before the contractual term of the headtenant’s interest expires—if not, further consideration will need to be given to their status as the headtenant may have purported to granted interests while not having any interest in the property enabling them to do so

Status of existing headtenant and how to end relationship

We assume that the headlease was protected under the LTA 1954. However, on the assumption that the tenant was no longer in occupation on or before expiry of the contractual term, the headtenant will not be entitled to protection under the LTA 1954 as they will not be 'occupying for the purposes of

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