Provided that it shall not be lawful for a mortgagee without the leave of the court to enforce any right or remedy arising out of a breach of the covenant referred to in paragraph ( a ) of the foregoing sub-section.
Provided that where before that date any person has guaranteed the performance of the covenants in the lease, the guarantee shall be deemed not to extend to the covenant implied in the lease by virtue of this paragraph;
Provided that the amount of the rent fixed by the court under this paragraph shall not exceed such proportion of —
Provided that where before the service of the said notice any person has guaranteed the performance of the covenants in the lease, the guarantee shall be deemed not to extend to the covenant implied in the lease by virtue of this paragraph;
Provided that nothing in this sub-section shall, unless the court having regard to all the circumstances of the case otherwise determines, impose on the tenant a liability for rent under the lease in respect of any period before that date.
Provided that, if a dwelling-house is deemed to be fit by virtue of this sub-section, but the extent of the accommodation therein has been substantially diminished as the result of the damage, the rent payable by the tenant in respect of the period during which the accommodation is so diminished shall be reduced to such extent as may be agreed between him and the landlord or, in default of agreement, as may be fixed by the court.
Provided that the council shall, on the application of the tenant made not less than three months after the issue of the certificate or after his last application, inspect the dwelling-house, and if they are satisfied that —
The functions of the council F2 of a county borough or county district under this sub-section may be exercised on their behalf by such officers as may be authorised in writing by the council, and, for the purposes of this sub-section, an instrument purporting to be such a certificate as aforesaid and to be signed by an officer of the council shall, without further proof, be deemed to be a certificate duly issued, unless the contrary is proved.
Provided that the court may, if having regard to the extent of the war damage suffered by the land it considers it equitable to do so, order that the rent reserved by the lease shall, until the war damage is made good, be reduced to such extent as may be specified.
Provided that the foregoing provision shall not affect the exercise before the passing of this Act of any right or remedy arising in consequence of a failure to perform an obligation to insure against war damage, but the court may, on the application of any person prejudiced by the exercise of any such right or remedy, grant such relief as it thinks just.
“ Agricultural lease ” means a lease the land comprised wherein consists wholly or mainly of agricultural land or agricultural buildings within the meaning of the Valuation Acts Amendment Act (Northern Ireland), 1932 M2 F7 ;
“ Annual value, ” in relation to land, means the rent at which the land might reasonably be expected to let from year to year, if the tenant undertook to pay all usual tenants' rates and taxes and the landlord undertook to bear the cost of repairs and insurance and the other expenses necessary to command that rent;
“ Disposition ” means any instrument (including an enactment) or oral transaction, whether made before or after the passing of this Act, creating or transferring any interest in land;
“ Dwelling-house ” means a house or part of a house let as a separate dwelling, and does not exclude a house or part of a house so let by reason only that part of the premises is used as a shop or office or for business, trade or professional purposes;
“ Fee simple ” includes estates held under fee farm grants and perpetuity grants;
“ Ground lease ” means a lease at a rent (or, where the rent varies, at a maximum rent) which does not substantially exceed the rent which a tenant might reasonably have been expected, at the commencement of the tenancy created by the lease, to pay for the land comprised in the lease, excluding any buildings, for a tenancy of the same duration as the tenancy created by the lease;
“ Interest, ” in relation to land, means any estate or interest in the land, whether legal or equitable;
“ Land ” means land of any tenure, and includes any buildings or works situated on, over or under land;
“ Landlord ” in relation to a lease means the person who under the lease is, as between himself and the tenant, for the time being entitled to the rents and profits of the demised premises payable under the lease, and includes a mortgagee of the lessor's interest who is in possession of that interest or has appointed a receiver of the rents and profits thereof;
“ Lease ” means a lease, under-lease or other contract of tenancy (whether in writing or oral) in respect of any lands in consideration of a rent or return, and (without prejudice to the generality of this definition) includes —
“ Mining lease ” means a lease for any mining purpose or purposes connected therewith, and
“ mining purposes ” include the sinking and searching for, winning, working, getting, making merchantable, smelting or otherwise converting or working for the purposes of any manufacture, carrying away, and disposing of mines and minerals, in or under land, and the erection of buildings, and the execution of engineering and other works suitable for those purposes;
“ Mortgage ” includes charge and debenture;
“ Multiple lease ” means a lease comprising buildings which are used or adapted for use as two or more separate tenements;
“ Rent, ” in relation to any short tenancy, includes any periodical sum payable by the tenant to the landlord in connection with his tenancy, whether for services, lighting, heating, board, use of furniture, or otherwise, and references to rent payable under the tenancy include references to any such sum contracted to be paid by any agreement;
“ Reversion ” includes the landlord's interest in a lease or in the land comprised therein;
“ Rules of court ” means rules made by the authority having power to make rules of court for regulating the practice of the county courts or, as the case may [ F8 require, rules under section 55 of the Judicature (Northern Ireland) Act 1978 M3 ];
“ Short tenancy ” means any tenancy or sub-tenancy which the tenant is entitled to determine at any time by a notice to quit expiring not later than the end of the next complete quarter or the next complete period of three months of the tenancy, and, in a case where a person is holding over any land, which he previously held under a short tenancy, by virtue of the Rent and Mortgage Interest (Restrictions) Acts (Northern Ireland), 1920 to 1940, Part II of the Rent and Mortgage Interest (Restrictions) Act (Northern Ireland), 1940 M4 , F9 ... , such person shall be deemed to be holding the land under a short tenancy;
“ Tenant, ” in relation to a lease, means the person for the time being entitled to the tenancy created by the lease;
“ Unfit ” means —
“ War damage ” has the meaning assigned to that expression by sub-sections (1) and (2) of section eighty of the War Damage Act, 1941 M5 .
|Version no||Start date||End date||Extent||Confers power||Blanket amendment|