University:
University College London
Course:
LAWS0002 | Property Law I
Academic year:

2024
Views:

111

Pages:

2
Author:

Nam B.

Name : Date: March 21, 2025 1. Explain how a contract of lease can be terminated! Answer: A lease contract can be terminated in several ways depending on the circumstances and the terms of the agreement. These include: a. Destruction of Property: If the leased property is significantly or wholly destroyed due to events like fire or earthquake (without the tenant’s negligence), the lease can be terminated because the subject matter of the lease no longer exists. The tenant is relieved from rent obligations in this case. b. Merger: When the tenant acquires ownership of the leased property (i.e., becomes the landlord), the lease merges into the ownership interest, automatically terminating the lease agreement. c. Expiry or Effluxion of Time: When the agreed lease term (e.g., 1 year) comes to an end, the lease naturally terminates either by reaching the expiration date (expiry) or by the mere passage of the agreed duration (effluxion). d. Mutual Agreement: Both parties (landlord and tenant) may mutually agree to terminate the lease before its expiry. They usually draft a written agreement confirming the decision and the terms of termination. e. Notice to Quit: A party (either tenant or landlord) may serve a formal notice indicating their intention to end the lease. This can be used in cases of breach or simply to indicate that the lease will not be renewed. f. Surrender: The tenant voluntarily gives up the lease (e.g., by vacating and returning the keys). If accepted by the landlord, the lease ends. This can be express or implied. g. Forfeiture and Insolvency: If the tenant breaches the lease terms (e.g., fails to pay rent) or becomes insolvent, the landlord may use a forfeiture clause (if included in the lease) to terminate the contract. h. Eviction: If a tenant refuses to vacate the property after breach or notice, the landlord can legally evict the tenant through a court order, thus terminating the lease. 2. Explain how a contract of lease can be ended by mutual agreement, effluxion of time, notice, merger and destruction! Answer: a. Mutual Agreement: Both parties agree to end the lease early, usually for practical reasons such as the tenant relocating or the landlord needing to sell the property. They negotiate the terms of release and sign a mutual lease termination agreement. b. Effluxion of Time: The lease ends automatically when the fixed lease period naturally comes to an end. No specific action is required by either party; the passage of time alone brings the lease to an end. c. Notice to Quit: Either the landlord or tenant may issue a formal notice indicating the intention to terminate the lease, usually by a specific date. This may happen in cases of breach or at the end of the agreed lease term if the lease is not to be renewed. d. Merger: When the tenant purchases the leased property from the landlord, they become the owner. Since one person cannot be both landlord and tenant for the same property, the lease is automatically terminated through legal merger. e. Destruction: If the property is damaged or destroyed (e.g., by fire or natural disaster) without the tenant being at fault, the lease ends because the subject of the lease no longer exists, and the tenant is not expected to continue paying rent for unusable premises.