Cap. 20:29 LAND CoMMJssroN No.12/2017 Death or insanity oflessee 4. (1) If a lessee dies or is detained as a mentally disordered or defective person under the laws relating to mental disorders or is, by order of a competent court, declared incapable of managing his or her own affairs, the legal representative of the lessee, including any person empowered by law to administer or to give directions as to the administration of his or her estate, may, subject to this paragraph, cede the lease to a person approved by the Minister or continue the lease on behalf of the estate upon such terms and conditions as may be imposed by the Minister. (2) Until the lease is ceded or during the period the legal representative continues the lease on behalf of the estate, as the case may be, the provisions of this Act applicable thereto and the conditions of the lease shall be fulfilled by the legal representative of the estate or on his or her behalf by a person nominated by him or her and approved in writing by the Minister. (3) Ifthe legal representative of the estate(a) gives not less than three months' notice to the Minister of his or her intention to terminate the lease; or (b) fails within twelve months, or such longer period as the Minister may approve, of the date of the death of the lessee or of the date of the issue of the order of court directing that the lessee be detained as a mentally disordered or defective person or of the date of issue of the order of court declaring the lessee incapable of managing his or her own affairs, to notify the !vfinister in writing that he or she intends to cede or to continue the lease; or (c) having notified the Minister of his or her intention to cede the lease, fails to cede it within such period as may be fixed by the Minister; the lease shall terminate. Termination or cancellation of lease 5. (1) A lessee may terminate his or her lease by giving not less than three months' written notice of his or her intention to do so. (2) If a lessee fails to comply with any term or condition of his or her lease, the Minister may cancel the lease. Rights and duties on termination or cancellation of lease 6. (1) Upon the termination or cancellation of a lease in terms of paragraph 3, 4 or 5, the Minister shall have the right to retake possession of and, subject to paragraph 7, occupy the leasehold with all improvements thereon. (2) The termination or cancellation of a lease in terms of paragraph 3, 4 or 5 shall not extinguish any debt due from the lessee to the State in terms of the lease. Improvements 7. (1) Where the lease has been terminated or cancelled in terms of paragraph 3, 4 or 5, compensation shall be payable from the Compensation Fund to the lessee or his or her trustee, assignee or legal representative, as the case may be, for improvements effected on or to the leasehold. 253

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