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An Act to modify the rights and liabilities of landlords, tenants and other
persons interested in land damaged by war. [14th October 1941] 4P ART I
[{3}(7) If any party to any proceedings in the county court under this Act is
dissatisfied with the order, determination, direction or decision of the court
he may appeal therefrom to the High Court.] >Provision as to notices. A> 34.
(1) Any notice required or authorised to be served under this Act shall be in
writing. B>(2) Any such notice may be served either C >>( a ) by delivering it
to the person on whom it is to be served; or C >>( b ) by leaving it at the
usual or last known place of abode of that person; or C >>( c ) by sending it
in a prepaid registered letter{4} addressed to that person at his usual or
last known place of abode; or C >>( d ) in a case where it is to be served on
a body corporate, by delivering it to the secretary or clerk thereof at the
registered or principal office thereof or sending it in a prepaid registered
letter{4} addressed to the secretary or clerk thereof at that office; or C >>(
e ) in such other manner as the court on an application made in that behalf
may direct. B>(3) Where the interest of a former landlord or tenant in the
land comprised in a lease has passed to any person C >>( a ) service of any
such notice on that former landlord or tenant by a person who does not know
and has no reason to believe that the interest has passed, shall be treated
for the purpose of this Act as service on the person to whom the interest has
passed; C >>( b ) the former landlord or tenant, on the receipt of any such
notice, shall forthwith serve the notice on the person to whom the interest
has passed, and, if he fails to do so, shall be liable to make good to any
other person any damage suffered by that other person by reason of the
failure. B>(4) A notice with respect to a lease shall be deemed for the
purposes of this Act to have been served on the landlord if it is served on
any person for the time being authorised by the landlord to receive the rent
payable under the lease. >Contracting out forbidden. A> 35. The provisions of
this Act shall have effect in relation to any war damage notwithstanding any
contract to the contrary made before that damage occurred. >Provision for
cases where land sustained war damage before the passing of the Act. A> 36.
(1) The provisions of this Act shall have effect in relation to any war damage
occurring since the first day of September, nineteen hundred and thirty-nine,
whether before or after the passing of this Act, and references in this Act to
the occurrence of war damage shall be construed accordingly. B>(2) In any case
where, before the passing of this Act, land comprised in a lease (including
land let on a short tenancy) has been rendered unfit by reason of war damage,
then, in respect of the period between the date on which the war damage
occurred, and the date of the passing of this Act, the court may, on the
application of C >>( a ) any person having an interest in or derived out of
the tenancy created by the lease; or C >>( b ) any person having an interest
in the reversion; Bmake such modification of the rights and liabilities of the
persons interested in the land as in the circumstances the court thinks just,
and may direct that any such modification shall, as from such date as the
court may fix, have effect or be deemed to have had effect as if this Act had
been in operation on the date on which the war damage occurred: B>Provided
that in the exercise of its powers under this sub-section the court shall have
regard to any agreement made, after the occurrence of the war damage, by the
persons interested in the land and providing for the modification of those
rights and liabilities. >Application to the Crown. A> 37. This Act binds the
Crown, and shall apply to land belonging to His Majesty, or belonging to a
department of the Government of Northern Ireland or of the Government of the
United Kingdom, or held in trust for His Majesty for the purposes of any such
department. 6 Supplemental ] ;
"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, the
Courts (Emergency Powers) Acts, 1939 to 1941, or any Act which may be passed
to provide for the arrangement or the adjustment and settlement of the affairs
of persons financially affected by war circumstances, 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
(a)in relation to buildings or works, or to land of which three-quarters or
more of the value is attributable to buildings or works, unfit for the purpose
for which those buildings or works were used or adapted for use immediately
before the occurrence of the war damage in question, having regard to the
class of tenant likely to occupy similar buildings or works which are not
unfit for that purpose, to the standard of accommodation available at the
material time, and to all other circumstances; and
(b)in relation to other land, unfit for any purpose for which the tenant can
be reasonably expected to use the land, having regard to the terms of the
lease under which it is held;
and the expression "fit" shall be construed accordingly;
"War damage" has the meaning assigned to that expression by sub-sections (1)
and (2) of section eighty of the War Damage Act, 1941.
(2) Sub-section (3) of section eighty of the War Damage Act, 1941, shall apply
for the purposes of this Act as it applies for the purposes of the
first-mentioned Act.
(3) Where the land comprised in a lease as respects which a conditional notice
of retention is served is part of a hereditament within the meaning of Part I
of the War Damage Act, 1941, any reference in this Act to a payment under Part
I of that Act in respect of the war damage to the land shall be construed as a
reference to so much of any payment made in respect of the war damage to the
hereditament as is attributable to the war damage to the land.
(4) References in this Act to buildings or works on land shall be construed as
including references to buildings or works under and over land.
Subs.(5) rep by 1954 c.33 (NI) s.48(1) sch.
© 1941 Crown Copyright
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