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The landowner does not wish to renew the lease agreement for a further term: how to terminate the agreement

April 22 2024

According to the website of the Ministry of Justice of Ukraine, the termination of a land lease agreement is permissible only in the cases specified in the Law of Ukraine ‘On Land Lease’ No. 161-XIV of 6 October 1998.

Article 31 of Law No. 161-XIV provides for one of the grounds for terminating a land lease agreement: the expiry of the term for which it was concluded.

If such a contract contains a clause regarding its renewal upon expiry of the term for which it was concluded, the provisions of Article 1261 of the Land Code of Ukraine should apply.

Thus, in accordance with the requirements of Parts 2–4 of the aforementioned article, a contract containing a clause regarding its renewal upon expiry of the term for which it was concluded shall be renewed for the same term and on the same terms.

A party to the agreement who does not wish to renew the agreement must submit an application to the State Register of Rights to remove information regarding the renewal of the agreement from that register. This must be done no later than one month before the expiry of such an agreement.

Thus, the holder of a certificate for a land share (parcel) who does not wish to renew the land lease agreement for a new term must:

– if the agreement contains a clause regarding its renewal upon expiry of the term for which it was concluded – no later than one month before the expiry date of such agreement, submit to the state registrar or notary a request to remove information regarding the renewal of the agreement from the State Register of Rights;

– if there is no such clause – upon expiry of the agreement and if the tenant has not notified of their intention to exercise the pre-emptive right to conclude a land lease agreement for a new term (where such a right exists), conclude a lease agreement with another tenant.

 

Source: www.buh.ligazakon.net

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