Consultation Paper on the General Law of the Landlord and Tenant

13.11 As indicated in the recommendation made in the previousparagraph, it is possible that sub-tenants may claim other statutoryrelief. 32 In the case of sub-tenants who would otherwise becomeentitled to statutory rights under the Landlord and Tenant(Amendment) Act 1980, it is provided by section 78 of that Act thatwhere a head-tenancy is terminated “before its normal expiration”, thesub-tenancy survives and the landlord becomes the landlord of thesub-tenancy. 33 What is not clear is what is covered by the words“normal expiration”. In particular, it could be argued that terminationof a periodic tenancy is the “normal” way of terminating such atenancy. Furthermore, it could also be argued that exercise of a breakor other option in a lease is a “normal” way of terminating that lease.The Commission is inclined to the view that the potential loss ofstatutory rights should be a factor which the court should take intoaccount in exercising the jurisdiction suggested in the previousparagraph. The Commission provisionally recommends that thepotential loss of statutory rights should be a factor to be taken intoaccount by the court in considering whether a sub-tenant should begranted relief where the head-tenancy is terminated by notice to quitor exercise of a break or other option.3233Reference was made earlier to the proposed provisions for sub-tenants ofdwellings contained in the Residential Tenancies Bill 2003: see paragraph13.10 above.Somewhat akin to the provisions of section 9 of the Real Property Act1845: see paragraph 13.08 above.163