Article 32 of the Law of Ukraine ‘On Land Lease’ provides for the possibility of early termination of a land lease agreement by court order at the request of the lessee or the lessor. This has been reported by the Land Fund of Ukraine, according to agronews.ua

Such grounds may include:

– failure by the parties to fulfil the obligations set out in Articles 24 and 25 of this Law and the terms of the agreement. For example, if the tenant fails to comply with environmental safety requirements for land use or the landlord has not warned the tenant about the specific characteristics and defects of the land plot.

– accidental destruction or damage to the leased property, which substantially hinders the use of the land plot as provided for in the contract,

– grounds specified in the Land Code of Ukraine and other laws of Ukraine.

The following may also constitute grounds for terminating a land lease agreement:

– use of the land plot in ways that contravene environmental requirements (clause ‘d’ of Part 1 of Article 141 of the Land Code of Ukraine);

– use of the land plot for purposes other than its intended use (clause ‘d’ of Part 1 of Article 141; clause ‘a’ of Part 1 of Article 143 of the Land Code of Ukraine);

-systematic non-payment of rent (clause ‘e’ of Part 1 of Article 141 of the Land Code of Ukraine).

Systematic non-payment occurs where rent has not been paid on two or more occasions, whereas a single breach of the lease agreement’s terms regarding the obligation to pay rent is not considered systematic and cannot constitute grounds for terminating the lease agreement.

Therefore, it is necessary to carefully analyse the terms of the agreement for grounds for its early termination and identify specific breaches by the other party in order to apply to the court and protect one’s rights and interests.

Source: ww