If a head lease is forfeited any sub lease automatically falls to the ground. However, the Law of Property Act 2011, s. 146, as amended by the Law of Property (Amendment) Act 2009, gives to a sub tenant the right to apply to the court for relief against the forfeiture of the head lease, whatever the ground may be on which the head lease has been forfeited (i.e. even if the head lessee himself could not have applied for relief against the forfeiture).
The court may then order the grant to the sub tenant of a lease for a term not exceeding the unexpired residue of the sub lease. This new lease will generally be between the head landlord and the sub tenant, who will thus become a head tenant under the new lease. When a head lease has been forfeited for non payment of rent a sub tenant has a separate right to apply for relief against the forfeiture under the terms of the Common Law Procedure Act 1852.
- Or modes of determination
- Landllords obligations
- Legalease Ltd - Property Law Journal
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