Q&As

Where a headtenant has sub-let the entire demised premises to a sub-tenant for a term equal to the length of the headlease less one day, on which party should the landlord serve an opposed section 25 notice?

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Published on LexisPSL on 24/10/2019

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

  • Where a headtenant has sub-let the entire demised premises to a sub-tenant for a term equal to the length of the headlease less one day, on which party should the landlord serve an opposed section 25 notice?

Where a headtenant has sub-let the entire demised premises to a sub-tenant for a term equal to the length of the headlease less one day, on which party should the landlord serve an opposed section 25 notice?

For the purpose of this Q&A we have assumed that both the head tenant and sub tenant have leases which fall within the protection of the Landlord and Tenant Act 1954 (LTA 1954).

The relevant landlord for the purposes of LTA 1954 notices and proceedings is the ‘competent landlord’, which is determined by identifying the superior interest which fulfils the following conditions:

  1. an interest in reversion expectant (whether immediately or not) on the termination of the tenancy, which will not come to an end within 14 months by effluxion of time; and

  2. no notice (ie section 25 notice/section 26 request) has been given which will end that interest within 14 months (subject to the tenancy continuing on an interim basis while any application for a new lease or termination of a lease is dealt with under LTA 1954)

If the superior

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