Landlord and Tenant (War Damage) (Amendment) Act 1941

3 Leases comprising separate hereditaments

(1) Where different parts of the land comprised in any lease to which a conditional notice of retention relates constitute or fall within different hereditaments within the meaning of Part I of the War Damage Act, 1941, and the War Damage Commission determine to make a value payment in respect of one or more of, but not all, those hereditaments, the tenant may, within one month of the date on which the determination became final, apply to the court—

(a) to order that the lease shall be treated as if it were two separate leases, one comprising the part or parts of the land in respect of which a value payment is to be made, and the other comprising the remainder of the land, and that the conditional notice of retention shall be treated as if it were two notices relating to the respective leases ; and

(b) to give such consequential directions as to the apportionment of the rent or otherwise as it thinks just, including directions as respects any sub-lease ;

and the court, if it considers it equitable to do so, shall make an order accordingly, and subsections (2) and (3) of the last foregoing section shall have effect, in relation to the first-mentioned separate lease, as if the determination of the Commission to make a value payment had become final on the date of the order.

(2) If the tenant does not make an application under the last foregoing subsection, or the court refuses such an application, the tenant may, within one month of the date on which the said determination of the War Damage Commission became final or such longer period as the court may allow in a case where an application is made under the last foregoing subsection, serve a notice on the landlord stating that he elects to treat the conditional notice of retention as an unconditional notice of retention, and the notice shall have effect accordingly and subsections (2) and (3) of the last foregoing section shall not apply.

(3) If the court does not make an order under subsection (1) of this section and the tenant does not serve a notice under the last foregoing subsection, the determination of the War Damage Commission shall have effect, for the purposes of the last foregoing section, as if it were a determination to make a value payment in respect of all the land comprised in the lease, and as if the date on which it becomes final were postponed for one month or, in a case where an application has been made under subsection (1) of this section, for such longer period as the court may fix.