Top Left Background Top Right Background
Bottom Right Background

GMS Syndicate v Gary Elliott [1982]

Facts

  • 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

Issue

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

Decision

  • Yes

Reasoning

  • 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
Goto Top
Close Notification

Recent News

Other News