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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If we have a lease with a permitted use allowing a business

Customer Question

If we have a lease with a permitted use allowing a business centre with sub tenancies within Office or Workshop use and we then have a sub tenant with that in their lease but their main use turns out to be religious. What rights does the superior landlord have. Can they end our tenancy or do we as landlord have to terminate the sub tenancy.
Submitted: 4 years ago.
Category: Property Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my main is Alex and I will help you.
Alex Watts : The superior landlord can not end the sub tenants agreement. He can only end the main lease for his tenant. This is because there is no contract between the superior landlord and sub tenant
Alex Watts : However it is right to say he will end the main tenants lease which in turn will stop the sub tenant renewing
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-1hux7er1- : Our concern is - does the freeholder have a right to break our lease owing to the incorrect use of our sub tenant or would we as leaseholders be required to remedy the situation?
Alex Watts :

Your lease no. But his tenant yes which in turn when yours comes to an end it may not be renewed.

Alex Watts :

Does this clarify?

JACUSTOMER-1hux7er1- : I guess my question is: is a use other than the permitted one a material breach of our lease even though it is our sub tenant who is undertaking the incorrect use?
Alex Watts :

Your lease no. The superior landlord and their tenant lease yes, but only if in the lease that it would be a breach