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Landlord and Tenant (War Damage) Act 1939

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14Determination of question whether a lease is a ground lease

(1)Where in respect of a lease a notice of retention or a notice to elect is served, or a notice of disclaimer is served otherwise than under an order of the court under the last foregoing section—

(a)the person serving the notice or the person on whom it is served; or

(b)any other person having an interest in or derived out of the term created by the lease, or having an interest in the reversion immediately expectant on the determination of the lease;

may, at any time within one month from the service of the notice, apply to the court to determine whether the notice is of no effect on the ground that the lease is a ground lease.

(2)If, on an application made under this section, the court determines that the lease in respect of which a notice of disclaimer or a notice to elect has been served is not a ground lease, the period allowed under this Act within which a notice to avoid disclaimer may be served on the landlord or the notice to elect is to be complied with by the tenant, as the case may be, may be extended to such date as the court may fix.

(3)Unless it is decided by the court on an application made under this section that a notice is of no effect on the ground that the lease to which it relates is a ground lease, the lease shall be deemed for the purpose of any proceedings pursuant to the notice not to be a ground lease.

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