Periodic tenant can grant a lease for a term that exceeds a single period of the tenancy

In Chan Sang v Choy Yuk ([1963] HKLR 476) it was confirmed that a periodic tenant can grant a tenancy for a term that extends beyond a period of his tenancy but that it will cease to have effect if the periodic tenancy is determined:

‘It is not, I think, in dispute that a tenant holding under a periodic tenancy has an interest which would support the grant by him of a tenancy for a fixed term exceeding in length one period of his own tenancy. Nevertheless the interest of the sub lessee can subsist only so long as the head tenancy subsists’ (478, Huggins J.)

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Tags: Michael Lower, periodic tenancy