(Obiter) The service of an upwards notice to quit on a head landlord by a head tenant had the same effect on a sub-tenancy as a surrender.
Judges:
Warrington J
Citations:
(1910) 54 SJ 635
Jurisdiction:
England and Wales
Cited by:
Cited – Barrett and others v Morgan HL 27-Jan-2000
The landlord served a notice to quit on the head tenant under an understanding that the head tenant would not serve a counter notice. The effect was to determine the head and sub-tenancy. It acted as a notice to quit, and despite the consensual . .
Cited – Barrett and Others v Morgan CA 30-Jun-1998
An artificial surrender of a head lease with the sole intention of defeating a sub tenancy was not effective and the subtenant became head tenant in their stead. The collusion defeated the ruse. ‘It is unilateral notices to quit that destroy . .
Cited – Brown v Wilson 1949
A subtenant’s lease is not protected under the Agricultural Holdings Act where the head lease is terminated by the landlord, but if the head tenant determines his own tenancy the sub-tenancy is protected and will be promoted in his stead: ‘the law . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 06 May 2022; Ref: scu.190574