Mootasamy v Ahmed
Mootasamy v Ahmed (Civil Appeal No. 7 of 147) [1947] EACA 84 (1 January 1947)
The court held that in the absence of an express covenant prohibiting sub-letting, the tenant retained a common law right to sub-let the premises. Section 11(1)(h) of the Increase of Rent Ordinance, 1940, does not create a statutory prohibition or covenant against sub-letting where none exists in the tenancy agreement. The sub-letting in question was effected while the contractual tenancy was still in force and was therefore lawful. Upon termination of the head tenancy, the tenant lost protection under the Ordinance and could be evicted, but the sub-tenant, having been lawfully sub-let the pr…
Source excerpt
- Tenancy Rights
- Sub Letting
- Statutory Protection Of Tenants
- Termination Of Tenancy
- Rent Control
- Landlord And Tenant Relations