1988 Ed.] Landlord and Tenant (Consolidation)
[CAP. 7
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Continuation and Termination of Tenancies
Continuation of tenancies
52. (1) Where the contractual period of a tenancy or sub-tenancy, whether created before, on or after 19 December 1981, is terminated by effluxion of time or by the landlord or principal tenant, otherwise than by forfeiture, the tenancy or sub-tenancy shall not, subject to subsection (2), sections 52A and 53, come to an end during the continuance in force of this Part. (Replaced 76 of 1981 s. 35. Amended 29 of 1983 s. 13)
(1A) During the continuation of the tenancy or sub-tenancy under sub-section (1), the contractual tenancy or sub-tenancy shall continue except to the extent that the terms and conditions thereof are varied under, or are inconsistent with, this Part. (Replaced 29 of 1983 s. 13)
(1B) During the continuation of the tenancy or sub-tenancy under sub-section (1), the landlord or principal tenant shall have no right to forfeiture, re-entry or to obtain possession of the premises except as provided by section 53. (Added 76 of 1981 s. 35)
(1C) A tenancy or sub-tenancy which, immediately before 19 December 1981, was continuing under this Part shall be a tenancy or sub-tenancy continuing under subsection (1). (Added 76 of 1981 s. 35)
(1D) A tenancy or sub-tenancy shall not continue under subsection (1) where the tenant or sub-tenant delivers up vacant possession on termination of the contractual period of the tenancy or sub-tenancy. (Added 76 of 1981 s. 35)
(2) Subject to section 50(4), a tenancy or sub-tenancy shall not by virtue of this Part continue in existence after any change in the identity of the tenant, principal tenant or sub-tenant which would terminate such tenancy or sub-tenancy in law.
(3) In every tenancy and sub-tenancy there shall, in the absence of any express covenant or condition, be implied a covenant to pay rent on the due date and a condition for forfeiture for non-payment within 15 days of such date.
(4) Notwithstanding the expiration of this Part under section 74B, this section and section 53 shall continue to apply to any tenancy or sub-tenancy—— (a) for a period of 2 years from the date on which any increase under this Part of the rent payable under the tenancy or sub-tenancy, other than an increase under section 55A or 56, became effective; or (Amended 56 of 1976 s. 4)
(b) until the expiry of a period of 2 years from the creation of the tenancy or sub-tenancy if the same was created not more than 2 years before the expiration of this Part.
Surrender by tenant
52A. (1) Subject to subsection (2), a tenant or sub-tenant may agree to surrender a tenancy or sub-tenancy continuing under section 52(1),
(2) An agreement mentioned in subsection (1) shall have no effect unless it is