The Judge chose the latter date because it seems that he took the view that after this date Mr Kausar no longer believed that the tenant or the subtenant had broken the window or made the threats.
It would conflict with this principle if the destruction of a tenancy by surrender carried with it the destruction of the interest of a subtenant under a subtenancy previously granted.
The landlord's actions did nothing to prevent the tenant from continuing to search for other subtenants for the premises.
Accordingly a covenant forbidding assigning does not prevent the creation of a subtenancy or a licence; similarly a covenant against subletting does not prevent an assignment or the creation of a licence.
Some of these subtenants were men described as knights and their tenancies as knights' fees.
But some of the subtenants also accumulated substantial property and formed part of the governing élite.
Glenview's counsel is prepared, for the purposes of this motion for judgment, to accept a calculation based on the assumption that the subtenants will exercise all available options under the lease.
Before then it was possible for a tenant to grant land to another tenant, who would owe him service, thus creating a further subtenancy and extending the feudal ladder.
It was not a valuation of the unexpired term remaining after the expiration of the subtenancies in September 1997.