Termination of a lease deed after lock-in

Sandeep Hotwani (Querist) 28 August 2014 This query is : Resolved
Hello!

My query is that in a lease deed, after the Lock-in period, if there is no default from the Lessee, can the Lessor still terminate the agreement before the term of the lease is over?

For eg. if the Lease deed for a factory building is for 10years, and the Lock-in period is for 3 years, so after 3 years and till the 10th years, if the Lessee is complying with the deed without any faults, can the Lessor still terminate the deed, just because the Lock-in period is over..??

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Deepak Nair (Expert) 28 August 2014
Depends on the termination clause of the deed. If the clause says that the parties can terminate by giving notice with or without giving notice then it can be terminated.

ajay sethi (Expert) 28 August 2014
the lease deed executed between parties has to be considered before giving any advice .

Sandeep Hotwani (Querist) 28 August 2014
Thank you for your replies Sirs.

My point is, is it binding by Law for the Lessor to be tied in the Lease beyond Lock-in period if the Lessee is not defaulting in any respect.

Rajendra K Goyal (Expert) 28 August 2014
The lease deed has to be referred for any advise.

Sandeep Hotwani (Querist) 28 August 2014
Thanks Sir!

Actually it is in the process of drafting. The Lessee is saying that the Lock-in doesn't apply for the Lessor and that the Lessor is bound till the end of the term. But the Lessor is saying that even they can terminate after the Lock-in period.

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