Full legislation
s.120AAJ
Purpose of sub-tenancy subject to superior tenancy
(1)
This section applies if a tenancy (
subject tenancy
) is a
sub-tenancy created out of another tenancy (
superior
tenancy
).
(2)
If there is evidence showing that the premises of the superior
tenancy—
(a)
were let other than as a dwelling; or
(b)
were being used other than as a dwelling,
at the commencement of the subject tenancy, the premises of the subject
tenancy (
subject premises
) are taken to be used other than as a
dwelling unless the tenant of the subject premises satisfies the Tribunal to the
contrary.