Residential Tenancies Act 1986

  • not the latest version
57 Effect on subtenancy of termination of head tenancy

(1)

Except as provided in subsections (2) and (3), where any premises are subject to a tenancy and 1 or more subtenancies, on the termination of the tenancy each subtenancy shall be deemed to be terminated.

(2)

Where—

(a)

the landlord has consented to a subletting by the tenant to a subtenant; and

(b)

the landlord is giving to the tenant notice to terminate the tenancy in accordance with section 51 or section 52,—

the landlord may, on the same date, give a copy of the notice to the subtenant, in which case the notice shall have effect to terminate the subtenancy on the date on which the tenancy will terminate.

(3)

Subject to subsection (2), where the landlord gives to the tenant notice to terminate the tenancy in accordance with section 51 or section 52, the following provisions shall apply in respect of each subtenancy to which the landlord has consented:

(a)

the subtenancy shall continue notwithstanding the giving or expiry of that notice:

(b)

for the purposes of sections 15, 21A, and 43, the landlord under the tenancy shall be deemed to have acquired the sublandlord’s interest under the subtenancy, and the provisions of those sections, with any necessary modifications, shall apply accordingly:

(c)

the landlord under the tenancy shall have the same rights (if any) as the sublandlord had under the subtenancy agreement or this Act to give notice terminating the subtenancy or to apply to the Tribunal for an order terminating the subtenancy or for an order for possession of the premises:

(d)

if, on the expiry of the notice given in respect of the tenancy, the subtenancy is still subsisting, the subtenancy shall be deemed to be a tenancy granted by the landlord to the subtenant.

Section 57(3)(b): amended, on 1 May 1996, by section 10(2) of the Residential Tenancies Amendment Act 1996 (1996 No 7).