ABSTRACT

A lease may be terminated for a serious breach if the wronged party chooses to bring the lease to an end. Leases may be, but rarely ever are, frustrated. Frustration occurs where an event, which is the fault of neither party, takes place during the term of the contract which so significantly changes the nature of the contract as to make it unjust for the parties to remain bound. Forfeiture is available to a landlord where there is either a breach of a condition of the lease or where there is a forfeiture provision in the lease. Forfeiture may be affected by peaceable re-entry or court proceedings. It is possible for the tenant to apply for relief from forfeiture by remedying the breach. In the case of liquidation of a company or bankruptcy the liquidator or trustee in bankruptcy may disclaim the lease on the grounds that it is 'onerous property'.