Part 9Rights of persons acquiring etc. in good faith

Leases

89Acquisition from representative of assigner without valid title

(1)

Section 88 also applies where a person (“P”), who is not entered in the title sheet as tenant but who would have power to assign the lease—

(a)

were A the tenant, or

(b)

(where A has died) had A been the tenant,

purports to assign it.

(2)

For the purposes of section 88, possession of the subjects of the lease by P is to be treated as if it were possession of the subjects by A.