Lease – Removing. – A lease, with a clause generally against subsetting, permitted the tenant to subset part of the subject, which was done accordingly. No rent was ever paid by the subtenant to the landlord, nor to the tenant from whom he had his sublease, while there was a clause in the lease that the tenant should be liable in payment of the rents of the whole subject. The tenant failed, and an action of ejection being raised and decree passed, Held that the decree of removing was a good decree, although only raised against the principal tenant, and clearly entitled the landlord to eject the subtenant from the part held by him.
Citations:
[1789] UKHL 3 – Paton – 145
Links:
Jurisdiction:
Scotland
Landlord and Tenant
Updated: 23 March 2022; Ref: scu.580997