33Surrenders

33 Surrenders

(1)  *[Section 33 Subsection (1) amended by No. 88 of 1983, s. 3 and s. 4 and Sched. 1 and Sched. 2 ]**[Section 33 Subsection (1) amended by No. 77 of 1995, s. 3 and Sched. 1 ]*TDR may at any time accept the surrender of a lease under this Part upon such terms and conditions as it thinks fit.

(2)  *[Section 33 Subsection (2) amended by No. 88 of 1983, s. 4 and Sched. 2 ]**[Section 33 Subsection (2) amended by No. 77 of 1995, s. 3 and Sched. 1 ]*TDR and a lessee may agree upon a surrender for the purpose of a grant to the lessee of another holding, including a holding comprising part of the holding to be surrendered.

(3)  An agreement for the purposes of subsection (2) may –

(a) provide for putting the lessee in as nearly as possible the same position as if he had remained in possession of his existing holding;

(b) provide for treating time run and payments made under the lease to be surrendered as having run or been made under the new lease to be granted; and

(c) be carried out notwithstanding any other provision of this Act.

(4)  The provisions of this section extend to any right, including an inchoate right, to purchase under section 35 or section 40 .