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GMS Syndicate v Gary Elliott [1982]


  • A lessee (of a head lease) had sub-leased part of the leased premises to a sub-lessee
  • The lessor sought forfeiture of the head lease for the immoral use of the leased premises


  • Could the sub-lessee obtain independent relief from forfeiture?


  • Yes


  • Although no exceptional circumstances allowed relief to be granted against an immoral use, the sub-lessee occupied a distinct physical part of the premises to which there was no complaint
  • The covenants which bound the lessee would continue to bind the sub-lessee
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