How to Map a Renunciation or Partial Renunciation of a Lease

When a registered lease (or sub-lease) is terminated, and an application to register that termination is submitted to the keeper, the affected title sheets will be updated to reflect this.

A lease can be terminated when:

its term expires;
when the tenant agrees to end the lease early (renunciation); or
when the tenant breaches the conditions of the lease and the landlord obtains a decree of irritancy to bring the lease to an end.

When a lease is terminated, the tenant's interest is absorbed back into the landlord's title sheet - the landlord can be the owner of the plot of ground, or can be the tenant in a head-lease if it is a sub-lease that is being terminated.

Useful links

Legal Topic - Termination of Lease

Termination/Renunciation of Lease - Example Scenarios

Key points for plans settlers

When a registered lease is being fully/partially renounced or terminated, and the landlord's title is unregistered, APR is not triggered. There is no requirement to create a title sheet for the landlord's title.
When a registered sub-lease is being fully/partially renounced or terminated, and the head lease is unregistered, there is no requirement to create a title sheet for the head lease.

When a registered lease is being fully/partially renounced or terminated, and the landlord's title is registered, there is no requirement to fully update the landlord's title sheet to 2012-Act compliance. Only the basic updates are required -
- Update the Real Right field if necessary
- Make any DMS mapping compliant with the Plan Creator (classify references, etc) - see Further Guidance page Updating Existing DMS Titles in Plan Creator.
When a registered sub-lease is being fully/partially renounced or terminated, and the head lease is registered, there is no requirement to fully update the head lease title sheet to 2012-Act compliance. Only the basic updates are required -
- Update the Real Right field if necessary
- Make any DMS mapping compliant with the Plan Creator (classify references, etc) - see Further Guidance page Updating Existing DMS Titles in Plan Creator.

Step by step guidance for Intake, Plans and Legal officers on the renunciation/termination process can be found in the User Guides section Termination or Renunciation of Lease Processes.

Before making any changes to the mapping of the tenant's or landlord's titles, the application to renounce/terminate the lease should be referred to legal for confirmation that the renunciation is acceptable.