Termination
A fixed-term lease will terminate on its due date if the lessee has failed to give three months advance notice of his intention to avail himself of his right to renewal.
In the case of an indefinite lease, either the lessor or the lessee may terminate the contract by giving at least six months’ notice by bailiff.
If however, the lessor considers that the lessee is in breach of his obligations under the lease, and if the lessee has failed to comply with those obligations within one month of service of a formal request to do so, the lessor may seek a court order terminating the lease.
Neither sale of the said premises nor the death of one of the parties can give rise to termination of the lease. These are mandatory provisions and the lease agreement cannot provide otherwise.
Inventory
An inventory of the premises should be taken at the start of the lease. In the absence of any inventory, the premises are deemed to have been in perfect condition at the date the lease was executed and therefore the cost of any deterioration is to be borne by the lessee.
Sub-letting
Sub-letting is prohibited unless otherwise provided for in the lease agreement, in which event any sub-lease that is entered into by the lessee must be notified to the main lessor.
Assignment
The lessee may assign the lease to a purchaser of his commercial business. However, any such assignment must be notified in writing to the lessor, failing which it will have no effect as against the lessor.
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