PART 5 STermination

Modifications etc. (not altering text)

C1 Pt. 5 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))

CHAPTER 1 SSecurity of tenure

46 Protection for sub-tenants S

(1) Subsection (2) applies (subject to section 47) where—

(a) a lawfully granted sub-tenancy is terminated by the termination of the tenancy of the person who was the landlord under the sub-tenancy, and

(b) immediately before it terminated, the sub-tenancy was a private residential tenancy.

(2) On the termination of the sub-tenancy, the person who was the tenant under the sub-tenancy becomes the tenant under a new tenancy which—

(a) has the same terms as the sub-tenancy had immediately before it was terminated, and

(b) is deemed to have been granted at the time that the sub-tenancy terminated by whoever was entitled to grant a tenancy in those terms at that time.

(3) A sub-tenancy is not lawfully granted for the purpose of subsection (1) if—

(a) sub-letting the let property is precluded by a term of—

(i) the tenancy of the person who granted the sub-tenancy (“the mid-landlord”), or

(ii) the tenancy of a tenant from whom the mid-landlord's tenancy is held (directly or indirectly), and

(b) the person entitled to enforce the term mentioned in paragraph (a) has not expressly or impliedly consented to the sub-tenancy being granted or continuing.

Commencement Information

I1 S. 46 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.