Eaton Square Properties Ltd v O’Higgins: CA 16 Nov 2000

The tenant of residential premises under a long lease was in possession, but had not taken a formal assignment. The landlord granted an underlease to a company whose ownership it shared with the tenant. This would allow the company to reclaim tax. On expiry of the underlease the landlord claimed possession. The tenant alleged that the underlease was a sham. However the underlease had been treated by all parties as effective. The company had become the tenant, and the possession order was upheld.


Gazette 16-Nov-2000


England and Wales

Landlord and Tenant

Updated: 10 May 2022; Ref: scu.80239