Section 239
Surrender
of National Land Code (Revised - 2020)
(1)
Any lease, sublease or tenancy exempt from registration
(whether granted before or after the commencement of this Act)
may, with the agreement of the person or body for the time being entitled to the reversion expectant thereon, be surrendered to that person or body in accordance with the following provisions of this section.
261
Act 828
(2)
The surrender of any lease or sublease shall be effected by an instrument in Form 15c, and the interest of the lessee or sublessee, as the case may be, shall determine as from the date on which the instrument is registered.
(3)
The surrender of any tenancy exempt from registration may (as provided by subsection 213(2)) be effected either by word of mouth or by a written instrument in any form whatsoever;
and the person or body in whose favour the surrender is effected may, if the tenancy was protected by an endorsement on the register document of title pursuant to Chapter 7 of Part
Eighteen, apply under that Chapter for the cancellation of the endorsement.
(4)
The surrender of any lease, sublease or tenancy shall require the consent also of any chargee thereof, or of the reversion expectant thereon; and the consent of any such chargee shall be signified—
(a)
in the case of a lease or sublease, by his joining in the instrument of surrender, as indicated in Form 15c; and
(b)
in the case of a tenancy, in writing signed by him or his lawfully authorized agent.
(5)
The surrender of any lease, sublease or tenancy shall not extinguish any sublease or tenancy granted thereout, but any such sublease or tenancy shall thereafter have effect, and be construed in all respects, as if it had been granted in the first instance by the person or body in whose favour the surrender is effected.