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.
Citations:
Gazette 16-Nov-2000
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 10 May 2022; Ref: scu.80239
