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Landlord and Tenant (Requisitioned Land) Act 1942
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6 Miscellaneous matters arising in consequence of disclaimer.E+W+N.I.
(1)Where any lease is deemed to have been surrendered by virtue of this Act, the rent payable in respect of the period during which the surrender is deemed to have taken effect shall be apportionable, whether the rent under the lease is payable in advance or otherwise, and any rent paid by the tenant in respect of that period in excess of the amount apportionable to the part of the period preceding the date on which the surrender is deemed to have taken effect shall be recoverable by him.
(2)Where any lease is deemed to have been surrendered by virtue of this Act, the compensation payable under paragraph (a) of subsection (1) of section two of the M1Compensation (Defence) Act 1939, in respect of any period after the date on whih the surrender is deemed to have taken effect shall be payable to the landlord:
Provided that any payment of compensation in respect of any such period made to the person who would have been entitled thereto but for the surrender shall, unless before the payment is made notice of the surrender has been served by the landlord on the authority by whom possession of the land comprised in the lease has been taken, be deemed to have been paid to that person as the agent of the landlord, and the landlord shall be entitled to recover it from that person but shall not have any other remedy in respect thereof. The payment of compensation as aforesaid to the said person as agent of the landlord shall not be taken as implying that the landlord is bound by any agreement made between that person and the said authority as to the amount of the compensation.
(3)Where possession of any land comprised in a lease or any part thereof has been taken on behalf of His Majesty in the exercise of emergency powers, and a notice of disclaimer has been served by the tenant, any compensation under paragraph (a) of subsection (1) of section two of the M2Compensation (Defence) Act 1939, accruing due in respect of the land during the period, beginning with the material date and ending with the date on which the notice of disclaimer becomes effective or, as the case may be, is decided by the court to be of no effect shall, for the purposes of section eleven of the said Act (which limits the time for claiming compensation), be deemed only to accrue due at the end of the said period.
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