Search Legislation

Landlord and Tenant (War Damage) Act 1939

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally enacted).

15Provisions as to leases comprising two or more separate tenements

(1)In relation to a multiple lease (not being a ground lease) section six of this Act shall not apply and the other provisions of this Part of this Act shall have effect subject to the modifications specified in this section.

(2)Where a notice of disclaimer or a notice to elect is served with respect to the lease—

(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 apply to the court, within one month from the service of the notice, to determine the question whether the tenant should be allowed to disclaim the lease, whether wholly or as respects one or more of the separate tenements comprised therein or at all.

(3)If on such an application the court is satisfied that, having regard to the extent of the war damage suffered by the land comprised in the lease as a whole and all the circumstances of the case (including any offers made by the landlord for an extension of the term of the lease or for an alteration of the rent reserved thereby or for any other modification of the terms of the lease) it is equitable to allow the lease to be wholly disclaimed, the court—

(a)in a case where a notice of disclaimer has been served (whether in compliance with a notice to elect or not), shall order that the notice of disclaimer shall have effect under this Part of this Act, and may extend to such date as it may fix the period allowed under this Act within which a notice to avoid disclaimer may be served by the landlord; or

(b)in a case where a notice to elect has been served and has not been complied with, shall order that the tenant be at liberty to serve a notice of disclaimer and may extend to such date as it may fix the period allowed under this Act within which the notice to elect must be complied with or, on the application of the tenant, order that a notice of disclaimer shall be deemed to have been served by him on the date of the order.

(4)If on such an application the court, having regard to the matters referred to in the last foregoing subsection, is not satisfied that it is equitable to allow the lease to be wholly disclaimed, but is satisfied that it is equitable to allow it to be disclaimed as regards one or more of the separate tenements comprised therein (hereafter referred to as " the disclaimable tenements "), the court—

(a)shall order that the lease shall be treated as if it were two separate leases, one comprising the disclaimable tenement or tenements, and the other comprising the remainder of the tenements ; and

(b)shall give such consequential directions as to the apportionment of the rent and otherwise as it thinks just, including directions as respects any sub-lease comprising a disclaimable tenement and a tenement which is not disclaimable; and

(c)shall order that the tenant shall be at liberty to serve a notice of disclaimer as respects the lease comprising the disclaimable tenement or tenements but not as respects the other lease; and

(d)where a notice of disclaimer has been served (whether in compliance with a notice to elect or not), shall order that the notice of disclaimer shall be of no effect; and

(e)where a notice to elect has been served (whether a notice of disclaimer has been served in compliance therewith or not), may extend to such date as it may fix the period allowed under this Act within which the notice to elect must be complied with; and

(f)may empower the landlord, if the tenant serves a notice of disclaimer as respects the lease comprising the disclaimable tenement or tenements, to enter upon the land comprised in the other lease for the purpose of doing work on the land comprised in the disclaimed lease.

(5)If on such an application the court, having regard to the matters referred to in subsection (3) of this section, is not satisfied that it is equitable to allow the lease to be disclaimed either wholly or as respects one or more of the separate tenements comprised therein, the court—

(a)where a notice of disclaimer has been served (whether in compliance with a notice to elect or not), shall order that the notice of disclaimer shall be of no effect;

(b)where a notice to elect has been served and no notice of disclaimer has been served in compliance therewith, shall order that any notice of disclaimer thereafter served by the tenant in compliance with the notice shall be of no effect;

(c)where a notice to elect has been served and no notice of retention has been served in compliance therewith, may on the application of the tenant order that, notwithstanding any failure to comply with the notice to elect, the tenant shall not be deemed to have served a notice of retention.

(6)Unless an application is made to the court under this section with respect to a notice of disclaimer or a notice to elect served with respect to a multiple lease, the land comprised in the lease shall be deemed for the purpose of any proceedings pursuant to the notice to have been unfit by reason of war damage at the time when the notice was served.

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

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
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. 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
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources