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LANDLORD & TENANT
Do sub-lessees in Zimbabwe have rights?
A sublessee or a subtenant is a person who lets or hires property from another person (lessee) in terms of which they pay rentals for the use and enjoyment of the property. A sublease agreement is an agreement which regulates the duties and obligations of lessee and the sublessee.
Gillespie J in Omarshah v Karasa 1996 (1) ZLR 212 (HC) 215 held that:
The rights of a subtenant as against a landlord are coterminous with those of the lessee. No greater rights may be acquired by her than those enjoyed by a lessee under the head lease… The proposition is applied in our law to the extent that a sub-lessee does not enjoy the protection of a statutory tenant where the lessee has surrendered any right of occupation under the head lease. This protection, it said, ‘could never have been intended to apply when there never was never any vinculum Juris, either contractual or quasi – contractual between an owner and a person whom he is seeking to eject from his premises.
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