Gomez v. Bernard – sllr 1993 volume 1 page 396

Brief
In the case of Gomez (landlord) v. Bernard (sub-tenant), the court addressed whether an unlawful sub-letting, without the landlord’s written consent, could confer tenancy rights on the occupant after the main tenancy had lapsed, particularly upon the death of the original tenant. It was determined that, under the Rent Act, especially sections 10 and 36, a sub-tenant’s right of occupation is strictly dependent on the subsistence of the main tenancy, and such rights cannot survive the cessation of that tenancy unless statutory requirements for succession are strictly met. The analysis established that the widow of the original tenant, who held only limited letters of administration, did not qualify as a statutory tenant or lawful successor, resulting in the sub-tenant’s loss of protect