Termination of tenancies to which Act applies

(1) Every tenancy to which this Act applies shall be deemed to be a holding of land under a contract for the exclusive possession of a term which shall not come to an end unless, 8 (a) subject to subsection (2) of this section, it is terminated on 31st December of any year of the tenancy, either by the landlord or the tenant, by not less than twelve months’ notice to quit in writing according to Form 1 in the First Schedule; (b) it is terminated in the circumstances described in subsection (2) or (3) or in section 5 of this Act; (c) it is terminated by the surrender of the to the landlord or by the abandonment of the tenancy by the tenant; or (d) it is terminated by right of re-entry or forfeiture pursuant to section 15 of the Landlord and Tenant Act, Cap. 189 or by virtue of the law relating to re-entry or forfeiture or relief in case of non-payment of rent. (2) A milpa tenancy may also be terminated if before the last day of February of each year of the tenancy, the landlord and the tenant fail to agree as to the situation or boundaries of the parcel of land to be held for that year under the milpa tenancy by the tenant or if the landlord refuses to allot to the tenant a parcel of land for that year and in such event, the milpa tenancy shall, for the purposes of this Act, be deemed to have been terminated by the landlord on the last day of February. (3) Where the tenant of a milpa tenancy holds of the same landlord a tenancy defined in section 3 of the Landlord and Tenant Act, Cap. 189 and to which this Act applies and on which is situated a building in which he resides to enable him to work the milpa tenancy, the landlord shall not without the consent of the tenant terminate either the milpa tenancy or such other tenancy by a notice to quit served under subsection (1) Land Reform (Security of Tenure) [CAP. 186 9 (a) but if such consent is given and such notice is served in respect of either of the tenancies, such notice shall operate to terminate both tenancies, notwithstanding that the tenancy of the one may have commenced in a different year from that of the other. (4) Where the tenant of a milpa tenancy holds of the same landlord a tenancy defined in section 3 of the Landlord and Tenant Act, Cap. 189 and to which this Act applies and on which is situate a building in which he resides to enable him to work the milpa tenancy and the milpa tenancy is at any time terminated by the happening of any of the events mentioned in subsection (2) of this section, the tenant may at any time within the month of March of the year in which the milpa tenancy is so terminated serve notice on the landlord according to Form 2 in the First Schedule of his intention to vacate the tenancy of such other land and by such notice the tenancy of such other land shall be deemed to be terminated by the landlord on 1st April in that year.