Primary RE argued that a landlord was required to serve notice under s 146 of the PLA on sub-tenants (in this case, the Growers) because the definition of lessee in s 146(5) of the PLA includes a derivative under-lessee and the persons deriving title under a lessee.
The Court found that, in the absence of a specific contractual obligation, a head landlord is not obliged to give notice of default to sub-tenants or mortgagees of the leasehold.
The relevant discussion is found at [159] to [164] of the judgment.
Sam Hopper Barrister 
July 5, 2011
Property / leasing