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

(1)

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—

(a)

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

(b)

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

(2)

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

(a)

the nature and extent of the breach complained about:

(b)

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,—

(i)

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

(ii)

the amount of compensation that the lessor considers reasonable; and

(c)

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:

(d)

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

(e)

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