Section 216 — Property Law Act 2007: Surrender of lease to enable new superior lease to be entered into not to affect sublease

216 Surrender of lease to enable new superior lease to be entered into not to affect sublease (1) If a lease ( lease A ) is surrendered to allow a new lease ( lease B ) to be entered into with the same lessee, a sublease in respect of lease A does not also have to be surrendered if— (a) the term of the sublease, as expressed, will expire on or before the date on which the term of lease B will expire; or (b) the sublease may be terminated by the sublessor giving a notice of termination that takes effect on or before that date. (2) A sublease in respect of lease A continues in force as though it had been entered into in respect of lease B and all the rights and obligations under the sublease, including those that relate to any period before the surrender of lease A, continue to be enforceable. (3) However, subsection (2) does not apply to any obligation under the sublease that, because lease B has been entered into, is more onerous than it would have been had lease A not been surrendered. (4) For the purposes of this section, a sublease in respect of lease A includes any sublease entered into by a person deriving title through the lessee under lease A. (5) For the purposes of section 117 of the Land Transfer Act 1952, a sublease in respect of lease A is an interest to which lease B is deemed to be subject. Compare: Landlord and Tenant Act 1730, 4 Geo 2, c 28 s 6 (UK)