Search Legislation

Landlord and Tenant (Requisitioned Land) Act 1942

 Help about what version

What Version

 Help about opening options

Opening Options

Status:

This is the original version (as it was originally enacted).

1Right to disclaim certain leases of requisitioned land

(1)Where possession of all the land comprised in a lease to which this Act applies has been taken on behalf of His Majesty in the exercise of emergency powers, and the land or the main part thereof was, immediately before possession was so taken, being used by the tenant or by a member of the tenant's family as his residence, or for the purposes of his business, or partly as his-residence and partly for the purposes of his business, the tenant may, within three months from the material date, serve on the landlord a notice (in this Act referred to as a " notice of disclaimer ") stating that he disclaims the lease :

Provided that a notice of disclaimer shall not be served unless at the time when it is served possession of the land to which it relates is retained in the exercise of emergency powers.

(2)For the purposes of this section—

(a)land shall not be deemed to be used by any person as his residence, if he uses it only as a week-end or holiday residence or resides there only on occasional visits, but the fact that he was not actually residing there immediately before possession of the land was taken as aforesaid shall not necessarily mean that he was not then using the land as his residence ;

(b)land shall not be deemed to be used for the purposes of a business, if that business, so far as it was previously carried on there, has been wholly or mainly closed down or transferred to other premises, and the land is no longer used for the purposes of the business except—

(i)as a business address or otherwise for the purpose of preserving business connections, or

(ii)to store furniture, plant or other property not removed from the land, or

(iii)for some other purpose not involving the substantial use of the land.

(3)Where a notice of disclaimer has been served, the landlord 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 conditions specified in subsection (1) of this section are not fulfilled, and, if any such application is made, it shall lie with the tenant to show that the said conditions are fulfilled, and, unless it is decided by the court on such an application that the notice is of no effect on the said ground, the said conditions shall be deemed to be fulfilled.

(4)Where possession of part only of the land comprised in a lease has been taken as aforesaid, or possession of part of the land so taken has been given up, and, if all the land had been so taken and retained, the conditions specified in subsection (1) of this section would have been fulfilled in respect thereof, the court may, on the application of the tenant made within three months from the material date, direct that this section shall have effect as if possession had been so taken and retained of all the land comprised in the lease, and shall, if it considers necessary, extend the period within which a notice of disclaimer may be served. The court shall, in considering any application under this subsection, have regard (among other matters) to the question whether if is reasonably practicable for the occupier to use the part of the land which has not been taken, or is not retained, as a residence, or, as the case may be, for the purposes of his business.

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