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Landlord and Tenant (War Damage) Act (Northern Ireland) 1941

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9Power of court to modify effect of notice of disclaimer.N.I.

(1)On an application duly made under this section, the court shall have power to modify the operation of a notice of disclaimer as stated in the last foregoing section as follows:—

(a)by varying the date on which sub-section (2) of that section takes effect or the date as from which any lease or sub-lease is deemed to have been surrendered or any interest therein is deemed to have been extinguished;

(b)by excepting from the operation of that section, on such terms as the court thinks just, any sub-lease and any interest therein which would otherwise be deemed to have been surrendered or extinguished;

(c)by vesting on such terms as the court thinks just the lease disclaimed, or any sub-lease which would otherwise be deemed to have been surrendered, in any person having an interest in the lease or sub-lease other than the tenant thereunder;

(d)by imposing such terms and making such orders as to the removal of fixtures and otherwise as the court thinks just.

(2)The terms imposed by the court under paragraph ( b) or paragraph ( c) of the last foregoing sub-section may include such alterations as the court thinks just of the terms of the lease or sub-lease in question.

(3)An application under this section may be made by any person—

(a)having an interest in or derived out of the tenancy created by the lease disclaimed; or

(b)having an interest in the reversion;

at any time within the period allowed under this Act for serving a notice to avoid disclaimer.

(4)Unless the court otherwise directs, no application under this section and no order of the court thereon shall prejudice the right of a landlord to serve a notice to avoid disclaimer within the period allowed by this Act.

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