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Landlord and Tenant (War Damage) Act 1939

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18Extension of powers as to restrictive covenants in certain cases

(1)Where the buildings comprised in a ground lease or a multiple lease (whether made before or after the commencement of this Act) have been rendered unfit by war damage, the provisions of section eighty-four of the Law of Property Act, 1925 (which relate to the discharge and modification of restrictive covenants) shall have effect, in relation to the land comprised in the lease, subject to the modifications specified in this section:

Provided that no application which could not have been entertained by the Authority if this section had not passed shall be made to the Authority after the buildings have been rendered fit.

(2)In addition to the grounds for the exercise of the powers of the Authority specified in paragraphs (a), (b) and (c) of subsection (1) of the said section eighty-four, those powers may be exercised, in relation to restrictions affecting the interest created by the lease, on the Authority being satisfied that the proposed discharge or modification is desirable in order to permit the economical use or development of the land comprised in the lease, or is otherwise desirable in the national interest.

(3)Where any restriction affecting the interest created by the lease is wholly or partially discharged or modified on any of the additional grounds specified in the last foregoing subsection, the powers of the Authority may be exercised on any of those additional grounds in relation to any similar restriction affecting the freehold out of which that interest is derived.

(4)The said section eighty-four shall, notwithstanding anything in subsection (12) thereof, apply to restrictions affecting interests created by the lease in like manner as it would have applied to restrictions affecting the land had the land been freehold, whatever the term of the lease and whatever period of the term has expired.

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