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Landlord and Tenant (War Damage) Act 1939

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16Power of landlord to recover possession of whole property comprised in ground lease or multiple lease

(1)Where under this Part of this Act—

(a)a ground lease has been disclaimed or a multiple lease has been disclaimed as respects all or some of the separate tenements comprised therein; and

(b)the landlord is not entitled to possession of the whole of the land comprised in the lease free from any interest in or derived out of the term created by the lease;

the court may, on the application of the landlord made at any time, grant to him the right to such possession on such terms as to payment of compensation or otherwise as appears just.

(2)Where—

(a)land comprised in a ground lease which has not been disclaimed under this Part of this Act is unfit by reason of war damage; and

(b)the term of the lease will expire before the expiration of five years from the date of an application under this section ;

the court may, if it is satisfied on the application of the landlord, having regard to all the circumstances of the case, that it is equitable so to do, grant to him the right to possession of the land comprised in the lease on such terms as to payment of compensation or otherwise as appear just.

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