Terminating a lease

Question 2

How can a lease come to an end?

Answer 2

1. Expiry of lease 2. Termination by notice 3. Forfeiture 4. Frustration 5. Surrender and merger

Question 3

What happens when a lease expires?

Answer 3

The lease ends when the fixed period is completed.

Question 4

How is a periodic tenancy terminated?

Answer 4

By either party serving written notice of the requisite length (usually at least one full period).

Question 5

What is forfeiture in lease termination?

Answer 5

The landlord may reclaim possession if the tenant is in breach of covenant.

Question 6

What is “frustration” in lease context?

Answer 6

It ends a party’s obligations due to an unforeseen event that makes the contract impossible to perform (rarely applies to leases).

Question 7

What is surrender in lease termination?

Answer 7

When both parties mutually agree to terminate the lease early, with the tenant giving up possession to the landlord.

Question 8

What is merger in lease termination?

Answer 8

When the landlord transfers the reversion to the tenant, resulting in a termination of the lease.

Question 9

What happens to a sublease if the head lease is ended by expiry, notice, or forfeiture?

Answer 9

The sublease typically ends as well.

Question 10

What happens to a sublease if the head lease ends by surrender?

Answer 10

The subtenant becomes the tenant of the head landlord on the terms of the sublease.

Question 11

What happens to a sublease if the head lease ends by merger?

Answer 11

The new owner holds the estate subject to the sublease, and the subtenant’s position will be similar to that of a surrender.