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Landlord and Tenant Act 1954

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Changes over time for: Cross Heading: Relief for mesne landlord against damages for breach of covenant

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Landlord and Tenant Act 1954, Cross Heading: Relief for mesne landlord against damages for breach of covenant is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Relief for mesne landlord against damages for breach of covenantE+W

10(1)The provisions of the next following sub-paragraph shall have effect where, in the case of a tenancy to which section one of this Act applies,—E+W

(a)the competent landlord is not the immediate landlord, and

(b)the competent landlord has brought proceedings against a mesne landlord to enforce a right to damages in respect of a failure to comply with any terms of the mesne landlord’s tenancy, and

(c)the mesne landlord has made application in the proceedings for relief under this paragraph, and

(d)the court makes an order for the payment by the mesne landlord of any such damages as aforesaid.

(2)The operation of the order shall be suspended for a period of fourteen days from the making thereof, and if before the end of that period the mesne landlord gives notice in writing to the competent landlord that he desires that the provisions of heads (a) and (b) of this sub-paragraph shall have effect, and lodges a copy of the notice in the court—

(a)the order shall not be enforceable except if and in so far as it provides for the payment of costs, and

(b)the interest of the mesne landlord (unless it has then come to an end) shall be deemed to be surrendered, and his rights and liabilities thereunder to be extinguished, as from the date of the giving of the notice.

(3)Subsections (4) to (7) of section sixteen of this Act shall with the necessary modifications apply for the purposes of this paragraph.

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