Subletting without specific written consent upheld where tenant parted with possession and unregistered lease clause could not prove authority

A tenant's induction of a dealer into possession was treated as subletting because the tenant had parted with possession, the dealer was not shown to be a mere licensee or to hold for the tenant, and the arrangement involved fixed payments. An unregistered lease deed could not be relied on to prove authority to sublet where the permission formed part of the lease transaction and was not severable as a collateral purpose. The clause also did not amount to the landlord's specific written consent to the particular subletting required by the rent control scheme, so the eviction ground for subletting without consent was made out.

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Issues: Whether the tenant's induction of a dealer into the premises amounted to subletting within the meaning of the rent control law, and whether an unregistered lease deed could be relied upon to establish the landlord's written consent to such subletting.

Analysis: The tenant had placed the dealer in possession of the premises, thereby parting with possession. The dealer was not shown to be a mere licensee or to hold possession on behalf of the tenant, and the arrangement conferred possession in return for fixed payments, which supported the conclusion of subletting. The clause in the unregistered lease deed could not be used to prove the tenant's authority to sublet, because the permission to sublet was an integral term of the lease transaction and was not severable as a collateral purpose. In any event, the clause was only a general permission and did not amount to the landlord's written consent to the specific subletting in favour of the dealer, as required by the statutory scheme.

Conclusion: The alleged consent clause did not save the tenant, and the ground of eviction for subletting without the landlord's specific written consent was made out. The decision was against the appellant and in favour of the respondent.

Ratio Decidendi: A tenant cannot rely on a clause in an unregistered lease deed to prove consent for subletting where the clause forms part of the lease transaction and the statute requires written consent to the specific subletting complained of.

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