Head lease and under lease have the same term

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    Head lease and under lease have the same term


    I own a lease flat which has an under lease granted from it. The underlease notes that rent is payable but I am trying to understand if this is to me or to the freeholder.

    More worryingly and what I need advice on is that the underlease has the same term bar the last ten days (999) years starting at the same date as the lease from which it was granted (my lease). Does this mean that the underlease is effectively a transfer of the lease from which it was granted ?


    1. So there is a lease between freeholder and Lessee ( You ?) and do you ( as Lessee) pay ground rent to Freeholder ?

    2. there is a "underlease" between you ( under lessor) and the ( underlessee ) and you are asking if underlessee should pay ground rent to you ?

    You should see the legal Advisor at LEASE or see a L&T Act Solicitor ?


      A grants lease to B = B pays rent to A

      B grants underlease to C = C pays rent to B

      In the sense that the underlessor cannot get the premises back until ten days before the end of his head lease the underlease is effectively an assignment of the part underlet. However, rent, even if nominal, will probably be payable and the parties to the underlease owe obligations to each other.


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