Section 111Chapter V

Determination of lease

OF LEASES OF IMMOVEABLE PROPERTY

A lease of immoveable property determines-

(a)

by efflux of the time limited thereby:

(b)

where such time is limited conditionally on the happening of some event - by the happening of such event:

(c)

where the interest of the lessor in the property terminates on, or his power to dispose of the same extends only to, the happening of any event - by the happening of such event:

(d)

in case the interests of the lessee and the lessor in the whole of the property become vested at the same time in one person in the same right:

(e)

by express surrender; that is to say, in case the lessee yields up his interest under the lease to the lessor, by mutual agreement between them:

(f)

by implied surrender:

(g)

by forfeiture; that is to say,

(1)

in case the lessee breaks an express condition which provides that on breach thereof the lessor may re-enter; or

(2)

in case the lessee renounces his character as such by setting up a title in a third person or by claiming title in himself; or

(3)

the lessee is adjudicated an insolvent and the lease provides that the lessor may re-enter on the happening of such event; and in any of these cases the lessor or his transferee gives notice in writing to the lessee of his intention to determine the lease:

(h)

on the expiration of a notice to determine the lease, or to quit, or of intention to quit, the property leased, duly given by one party to the other. Illustration of clause (f) A lessee accepts from his lessor a new lease of the property leased, to take effect during the continuance of the existing lease. This is an implied surrender of the former lease, and such lease determines thereupon.