ADVOKS GLOBAL · KENYA
Land Act
64. Surrender to enable a new head lease to be entered into not to affect the sublease
Edition: 2025-11-04 · In force
64. Surrender to enable a new head lease to be entered into not to affect the sublease
(1)The surrender of a lease for the purpose of enabling a new lease to the same lessee to be entered into shall not require the surrender of any sublease in respect of the surrendered lease, if, on or before the date on which the term of the new head lease is to expire—(a)the term of the sublease is to expire; or(b)in the case of a sublease that is a periodic tenancy, the sublease may be terminated by the giving of the specified period of notice of termination and the expiry of that period.(2)A sublease preserved under subsection (1)—(a)shall continue in force as though it had been entered into in respect of the new head lease; and(b)all rights and obligations under the sublease, including those which relate to any period before the surrender of the head lease, shall continue to be enforceable, except to the extent that any such obligation is, by reason of the fact that a new head lease has been entered into, more onerous than it would have been had the original head lease not been surrendered.(3)A sublease entered into in respect of a surrendered lease includes, for purposes of this section, any sublease entered into by a person deriving title through the lessee under the surrendered lease.