Ways in which a lease agreement might be terminated

Summarise six ways in which a lease agreement might be terminated

Ways in which a lease agreement might be terminated

  • By notice: applicable where the tenancy is for a fixed duration or where either party desires to terminate the leases before the duration expires. The notice must sufficiently indicate the parties’ intention to terminate the lease.
  • Lapse of time/expiration of time: a fixed period tenancy terminates on expiration of the duration.
  • Forfeiture: this is the right of the lessor to re-enter the premises and thereby prematurely determine the lease in the event of certain breaches. The lessor may do pursuant to a forfeiture clause or in accordance with the provisions of the registered clause Act.
  • Surrender: the giving up by the tenant to the landlord of the leased premises express surrender must be given in a prescribed form. t
  • Merger: under the registered land Act a lease determines of the lessee or some other person becomes entitled to the property as of right. A merger must be express.
  • Disclaimer: this is the right of the lessee to disclaim the lease. He can only so if authorized by statute, on doing so the lease terminates.
  • Frustration: as a general rule the doctrine of frustration does not apply to lease agreements. A lease is terminated by frustration if the property or part is rendered unusable.

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