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LANDLORD AND TENANT (WAR DAMAGE) ACT (NORTHERN IRELAND) 1941

LANDLORD AND TENANT (WAR DAMAGE) ACT (NORTHERN IRELAND) 1941 - LONG
TITLE

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.

LANDLORD AND TENANT (WAR DAMAGE) ACT (NORTHERN IRELAND) 1941 - SECT
39
Short title.

39. This Act may be cited as the Landlord and Tenant (War Damage)
Act (Northern Ireland), 1941.