Landlord and Tenant (Requisitioned Land) Act 1944

2 Rights of tenant upon making good damage for which compensation is paid to landlord. U.K.

(1) Where possession of any such land taken as aforesaid at any time after the twenty-fourth day of August, nineteen hundred and thirty-nine, is or has at any time since that date been given up during the currency of the lease, and compensation in respect of the taking possession thereof becomes or has become payable for any such damage as aforesaid to any person other that the tenant, then if the tenant incurs expenditure in making good any of that damage, he may recover from that person an amount equal to the expenditure so incurred, not exceeding so much of the compensation payable to that person as may be agreed by the tenant and that person or, in default of agreement, as may be determined by the court, to be payable in respect of that damage.

(2) Subject to the provisions of [F1 section one hundred and fifteen of the M1 County Courts Act 1959] (which provides for the removal into the High Court of any proceedings commenced in a county court), the jurisdiction of the court under this section shall be exercised [F2 in England and Wales by the county court and in Northern Ireland] by a county court.

(3) This section shall, in its application to Scotland, have effect as if for subsection (2) thereof there were substituted the following subsection:—

“(2) In this section the expression ”court’ means the sheriff court.”

(4) This section shall, in its application to Northern Ireland, have effect as if for the reference to [F1 section one hundred and fifteen of the M2 County Courts Act 1959] there were substituted a reference to [F3 section thirty-one of the M3 Judicature (Northern Ireland) Act 1978]

Textual Amendments

F1 Words substituted by virtue of County Courts Act 1959 (c. 22), s. 205(2)

F2 Words in s. 2(2) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 98; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

Marginal Citations

M1 1959 c. 22.

M2 1959 c. 22.

M3 1978 c. 23.