46Protection for sub-tenantsS
(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
I1S. 46 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.