Q&As

When a lease is forfeited does the sub-lease determine automatically?

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Published on LexisPSL on 04/07/2017

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

  • When a lease is forfeited does the sub-lease determine automatically?

The general common law principle is that when a lease comes to an end any underlease automatically terminates. See Practice Note: What happens to an underlease on termination of the lease? for more information. The Practice Note explains that forfeiture of a lease is a unilateral action by the landlord which has the effect of terminating any underlease. If, however, the landlord accepts a surrender after the cause of forfeiture has accrued the rights of the undertenant are preserved. The same applies where the landlord has no notice of the facts entitling them to forfeit at the date of the surrender.

The undertenant has t

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