Leases can be determined in a number of ways. However, most leases enjoy statutory protection that allows them to be terminated in certain prescribed ways. This article discusses about the different aspects related to the determination of leases.
Effluxion of time
When the contractual term in a fixed term lease ends, the lease automatically determines the effluxion of time and no notice is needed to do this.
Notice to quit
A notice to quit need not exclude the day of service and the day of expiry. Thus, a clear notice is not required, but attention must be paid to this as courts are very strict in terms of enforcing notice periods. The court does not grant an equitable relief because of negligence or forgetfulness. In the case of periodic tenancies, the notice to quit is determined by the notice given by the landlord or the tenant. When the terms of the tenancy do not specify about the notice to quit, the common law implies the following as length of notice;
1) Yearly Tenancies: At least half a year’s notice that expires at the end of completed year of tenancy should be provided in the case of yearly tenancies. As for the expiry date, either the last date of the year of tenancy or the day after that can be specified as the expiry period. When the tenancy begins on one of the usual quarter days, half a year usually means two quarters. Otherwise it would mean only 182 days as the odd half day is ignored.
2) Other Periodic Tenancies: In the case of other period tenancies; viz. one quarter, monthly, etc. notice to quit is determined by one full period’s notice and expires at the end of a completed period of tenancy. Thus, if a tenancy starts at the first of every month and the landlord serves a notice on the 14 of August to quit, the earliest date that he has specify for expiry of notice is 30th September. Thus, the notice should be one month long and should end at the end of the completed month. And if he wanted the tenant to vacate by the 31st of August, he should have served a notice on the 1st of August.
A notice to quit the premises must be given at least four weeks in advance, must be in writing, and should contain the prescribed information.
Surrender
This occurs when the tenant gives up his lease to the immediate landlord who also accepts the surrender. The lease is then said to merge in the landlord’s reversion. This surrender should be by a deed in order to be considered legal.
Merger
This happens when the tenant acquires the immediate reversion on the lease. This also happens when a third person acquires both the lease and the reversion. This is the converse of the surrender where the lease automatically merges with the reversion and is extinguished unless the contrary is intentioned.
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