Landlord and Tenant Act 1954

15 Protection of Rent Acts not to be lost on coming to an end of superior long tenancy at a low rent.

(1) For the purposes of subsection (3) of section fifteen of the Act of 1920 (which provides that, where the interest of a tenant comes to an end for any reason, a sub-tenant to whom the premises or any part have been lawfully sublet shall be deemed to become the tenant of the superior landlord), the interest of a tenant under a long tenancy shall, notwithstanding the provisions of subsection (7) of section twelve of that Act, not be disregarded by reason only that the rent payable in respect of the tenancy is one falling within the said subsection (7):

Provided that this section shall not have effect where the sub-tenancy in question was created (whether immediately or derivatively) after the commencement of this Act out of a long tenancy in respect of which either of the following conditions were fulfilled at the time of the creation of the sub-tenancy, that is to say—

(a) that a notice to terminate the long tenancy had been given under subsection (1) of section four of this Act, or

(b) that the long tenancy was being continued by subsection (1) of section three, of this Act,

unless the sub-tenancy was created with the consent in writing of the person who at the time when it was created was the landlord.

(2) The last foregoing subsection shall not prejudice paragraph (d) of the First Schedule to the Act of 1933 (which gives the court power in certain cases to make an order for possession where the tenant has sublet the dwelling-house).