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RLA LEASES

Sections 45-64 emphasise that a lease must be for an ascertainable time, periodic leases provide one form of such leases under the RLA and they belong to the realm of leases under the RLA.  In terms of meeting those essential requirements a periodic tenancy would be from month to month or quarter to quarter and this would be to ascertain the period that the lease is to last.  It can also be ascertained by payment whether monthly or quarterly.  Periodic tenancy is capable of conferring a right in a person’s favour and such a right is capable of protection.  One could be entitled to lodge a caution Section 131 of RLA confers a right protected in periodic tenancy.  Any lease for more than 2 years must be registered to be valid.  It would not be void for purposes of certainty of duration to express a lease in terms of being a lease for the life of tenant or landlord because these people will die at one point and it is in this reference that the arrangements would cease and the courts have held this to be sufficient for meeting the requirement of certainty of duration.

In computing the term of a lease, the date of commencement is to be excluded from the date of lease and where there is no date it is understood that time will ran from the date of execution of that instrument.  It is also possible under RLA to create future leases for a period to commence on a future date and this is the subject of Section 51 were future or reversionary leases can be created.  If so created such a lease must commence within 21 years from the date of execution failing which it must be void and one has to complete certain arrangements by registering the instrument.  It is also possible to talk of a lease in possession. This is an attempt to regularise what previously had been an informal relationship not regulated by any clear cut terms and conditions.   This type of lease will have its terms expressed in terms or will commence on a date that is past or from the date of the lease but the fact is that the tenant or the parties may have entertained this relationship.  A lease is given to one who is already in possession of the premises.

 
 
 

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