Regarding the termination of lease agreement of lessee

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Hello Sir,

When the Lessor is about to terminate the land lease agreement, the Lessee must be given a notice of termination in writing, and it must set out the date of termination of the lease. When it comes to terminating a land lease agreement for a fixed term, also the grounds for termination must be included in the notice. A notice of termination can be replaced with a summons in which termination on a land lease agreement is sought. There are also certain grounds which entitle the Lessor to cancel the lease agreement with immediate effect. The Tenancy Act sets out certain grounds which entitle the Lessor to cancel the lease agreement with immediate effect, as well as to damages. The right is not applicable to lease of a plot of land. Such grounds are:

1. Assignment of the tenancy or grant of occupancy to the land contrary to a provision of the agreement or statute;

2. Failure to pay the rent within six months of a reminder request by the Lessee, when no deposit has been paid; and

3. Material failure to care for maintenance of the land or property on such land, or use of the land in violation of the lease agreement, provided that such failure or breach is not remedied within the reasonable period of time granted to the Lessee.

When the land lease agreement is cancelled on above mentioned grounds, the tenancy expires immediately. The Tenancy Act also sets out other grounds which entitle the Lessor to cancel the lease agreement with immediate effect. The Lessor has the right to cancel the land lease agreement for example when the Lessee has other than insignificantly failed in the Lessee's duty to build. The above grounds applies to general lease agreements. The cancellation clause in your lease agreement needs to be perused to render proper advice.

Advocate B. Srikiran LawRato