Property Law Act 2007

If you need more information about this Act, please contact the administering agency: Ministry of Justice
246 Cancellation of lease for breach of other covenants


A lessor may exercise a right to cancel a lease because of a breach of a covenant or condition of the lease (except the covenant to pay rent) only if—


the lessor has served on the lessee a notice of intention to cancel the lease; and


at the expiry of a period that is reasonable in the circumstances, the breach has not been remedied.


The notice required by subsection (1)(a) must adequately inform the recipient of all of the following matters:


the nature and extent of the breach complained about:


if the lessor considers that the breach is capable of being remedied by the lessee doing or stopping from doing a particular thing, or by the lessee paying reasonable compensation, or both,—


the thing that the lessee must do or stop doing; or


the amount of compensation that the lessor considers reasonable; and


the consequence that, if the breach is not remedied at the expiry of a period that is reasonable in the circumstances, the lessor may seek to cancel the lease in accordance with section 244:


the effect of section 247(1) and (2):


the right, under section 253, to apply to a court for relief against cancellation of the lease, and the advisability of seeking legal advice on the exercise of that right.

Compare: Landlord and Tenant Act 1730, 4 Geo 2, c 28 s 2 (UK); 1952 No 51 s 118