48Minister’s power to terminate lease

48 Minister’s power to terminate lease

(1) The Minister may, by written notice (the termination notice) given to a lessee, terminate the lease if: (a) the lessee contravenes the lease; and (b) the Minister has complied with section 49. (2) The termination notice takes effect immediately after the end of the following period: (a) if the lease does not provide for a period for rectifying the contravention—the period of 20 business days starting after the day the notice is given; (b) if the lease provides for a period for rectifying the contravention—whichever of the following periods ends later: (i) the period of 20 business days starting after the day the notice is given; (ii) the period specified in the lease for rectifying the contravention.

Note: There are special rules that apply to the termination of continuing leases: see section 69 (for continuing leases granted under the Leases Ordinance 1918) and section 72 (for other continuing leases).

Notifying the registrar‑general etc. of lease termination (3) As soon as reasonably practicable after the termination notice is given to the lessee, the Minister must give a copy of the termination notice to: (a) the registrar‑general; and (b) any other person who has a registered interest in the lease, or in the land comprised in the lease. (4) The validity of the termination notice is not affected by a failure to comply with subsection (3).