Lawgist115Effect of surrender and forfeiture on under-leases
The surrender, express or implied, of a lease of immoveable property does not prejudice an under-lease of the property or any part thereof previously granted by the lessee, on terms and conditions substantially the same (except as regards the amount of rent) as those of the original lease; but, unless the surrender is made for the purpose of obtaining a new lease, the rent payable by, and the contracts binding on, the under-lessee shall be respectively payable to and enforceable by the lessor.
The forfeiture of such a lease annuls all such under-leases, except where such forfeiture has been procured by the lessor in fraud of the under-lessees, or relief against the forfeiture is granted under section 114.
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- 105 Lease defined
- 106 Duration of certain leases in absence of written contract or local usage
- 107 leases how made
- 108 Rights and liabilities of lessor and lessee
- 109 Rights of lessor‟s transferee
- 110 Exclusion of day on which term commences
- 111 Determination of lease
- 112 Waiver of forfeiture
- 113 Waiver of notice to quit
- 114 Relief against forfeiture for non-payment of rent
- 114A Relief against forfeiture in certain other cases
- 115 Effect of surrender and forfeiture on under-leases
- 116 Effect of holding over
- 117 Exemption of leases for agricultural purposes
