- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Landlord and Tenant (War Damage) Act 1939, Section 18.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Where the buildings comprised in a ground lease or a multiple lease (whether made before or after the commencement of this Act) have been rendered unfit by war damage, the provisions of section eighty-four of the M1Law of Property Act 1925 (which relate to the discharge and modification of restrictive covenants) shall have effect, in relation to the land comprised in the lease, subject to the modifications specified in this section:
Provided that no application which could not have been entertained by the Authority if this section had not passed shall be made to the Authority after the buildings have been rendered fit.
(2)In addition to the grounds for the exercise of the powers of the Authority specified in paragraphs (a), (b) and (c) of subsection (1) of the said section eighty-four, those powers may be exercised, in relation to restrictions affecting the interest created by the lease, on the Authority being satisfied that the proposed discharge or modification is desirable in order to permit the economical use or development of the land comprised in the lease, or is otherwise desirable in the national interest.
(3)Where any restriction affecting the interest created by the lease is wholly or partially discharged or modified on any of the additional grounds specified in the last foregoing subsection, the powers of the Authority may be exercised on any of those additional grounds in relation to any similar restriction affecting the freehold out of which that interest is derived.
(4)The said section eighty-four shall, notwithstanding anything in subsection (12) thereof, apply to restrictions affecting interests created by the lease in like manner as it would have applied to restrictions affecting the land had the land been freehold, whatever the term of the lease and whatever period of the term has expired.
Modifications etc. (not altering text)
C1Functions of the Authority under Law of Property Act 1925 (c. 20), s. 84 now exercisable by Lands Tribunal: Lands Tribunal Act 1949 (c. 42), s. 1(4)
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: