Search Legislation

Landlord and Tenant (War Damage) Act (Northern Ireland) 1941

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Advanced Features

 Help about advanced features

Opening Options

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Landlord and Tenant (War Damage) Act (Northern Ireland) 1941, Supplemental. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

SupplementalN.I.

38Interpretation.N.I.

(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say:—

“Agricultural lease” means a lease the land comprised wherein consists wholly or mainly of agricultural land or agricultural buildings within the meaning of the Valuation Acts Amendment Act (Northern Ireland), 1932 M1F1;

“Annual value,” in relation to land, means the rent at which the land might reasonably be expected to let from year to year, if the tenant undertook to pay all usual tenants' rates and taxes and the landlord undertook to bear the cost of repairs and insurance and the other expenses necessary to command that rent;

“Disposition” means any instrument (including an enactment) or oral transaction, whether made before or after the passing of this Act, creating or transferring any interest in land;

“Dwelling-house” means a house or part of a house let as a separate dwelling, and does not exclude a house or part of a house so let by reason only that part of the premises is used as a shop or office or for business, trade or professional purposes;

“Fee simple” includes estates held under fee farm grants and perpetuity grants;

“Ground lease” means a lease at a rent (or, where the rent varies, at a maximum rent) which does not substantially exceed the rent which a tenant might reasonably have been expected, at the commencement of the tenancy created by the lease, to pay for the land comprised in the lease, excluding any buildings, for a tenancy of the same duration as the tenancy created by the lease;

“Interest,” in relation to land, means any estate or interest in the land, whether legal or equitable;

“Land” means land of any tenure, and includes any buildings or works situated on, over or under land;

“Landlord” in relation to a lease means the person who under the lease is, as between himself and the tenant, for the time being entitled to the rents and profits of the demised premises payable under the lease, and includes a mortgagee of the lessor's interest who is in possession of that interest or has appointed a receiver of the rents and profits thereof;

“Lease” means a lease, under-lease or other contract of tenancy (whether in writing or oral) in respect of any lands in consideration of a rent or return, and (without prejudice to the generality of this definition) includes—

(a)a grant of land in perpetuity in consideration of a rent or return;

(b)an assignment operating as a lease or underlease; and

(c)an agreement for any such lease, underlease, grant, assignment or other contract of tenancy;

and also includes a ground lease;

“Mining lease” means a lease for any mining purpose or purposes connected therewith, and

“mining purposes” include the sinking and searching for, winning, working, getting, making merchantable, smelting or otherwise converting or working for the purposes of any manufacture, carrying away, and disposing of mines and minerals, in or under land, and the erection of buildings, and the execution of engineering and other works suitable for those purposes;

“Mortgage” includes charge and debenture;

“Multiple lease” means a lease comprising buildings which are used or adapted for use as two or more separate tenements;

“Rent,” in relation to any short tenancy, includes any periodical sum payable by the tenant to the landlord in connection with his tenancy, whether for services, lighting, heating, board, use of furniture, or otherwise, and references to rent payable under the tenancy include references to any such sum contracted to be paid by any agreement;

“Reversion” includes the landlord's interest in a lease or in the land comprised therein;

“Rules of court” means rules made by the authority having power to make rules of court for regulating the practice of the county courts or, as the case may [F2 require, rules under section 55 of the Judicature (Northern Ireland) Act 1978 M2];

“Short tenancy” means any tenancy or sub-tenancy which the tenant is entitled to determine at any time by a notice to quit expiring not later than the end of the next complete quarter or the next complete period of three months of the tenancy, and, in a case where a person is holding over any land, which he previously held under a short tenancy, by virtue of the Rent and Mortgage Interest (Restrictions) Acts (Northern Ireland), 1920 to 1940, Part II of the Rent and Mortgage Interest (Restrictions) Act (Northern Ireland), 1940 M3,F3..., such person shall be deemed to be holding the land under a short tenancy;

“Tenant,” in relation to a lease, means the person for the time being entitled to the tenancy created by the lease;

“Unfit” means—

(a)in relation to buildings or works, or to land of which three-quarters or more of the value is attributable to buildings or works, unfit for the purpose for which those buildings or works were used or adapted for use immediately before the occurrence of the war damage in question, having regard to the class of tenant likely to occupy similar buildings or works which are not unfit for that purpose, to the standard of accommodation available at the material time, and to all other circumstances; and

(b)in relation to other land, unfit for any purpose for which the tenant can be reasonably expected to use the land, having regard to the terms of the lease under which it is held;

and the expression “fit” shall be construed accordingly;

“War damage” has the meaning assigned to that expression by sub-sections (1) and (2) of section eighty of the War Damage Act, 1941 M4.

(2)Sub-section (3) of section eighty of the War Damage Act, 1941, shall apply for the purposes of this Act as it applies for the purposes of the first-mentioned Act.

Subs. (3) rep. by 1995 c. 44

(4)References in this Act to buildings or works on land shall be construed as including references to buildings or works under and over land.

Subs.(5) rep by 1954 c.33 (NI)

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F11977 NI 28

Marginal Citations

39Short title.N.I.

This Act may be cited as the Landlord and Tenant (War Damage) Act (Northern Ireland), 1941.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources