9 Sub-tenancies

8.98 The retirement provisions make identical provision to the rules applicable on death to protect the security of a subtenant whose landlord has created intervening leasehold interests subsequent to the grant of the original tenancy. Section 55(2) and (3) provide that the successor’s tenancy, granted pursuant to the Tribunal order, is deemed to be granted by the person for the time being entitled to the interest from which the tenancy of the retiring tenant was originally derived, ie the freehold reversioner (in most cases) or a pre-existing head lessee. The ‘supervening interest’ of a mesne tenant inserted after the date of the original tenancy is disregarded.¹⁶⁷