Section 10 Persons holding such leases in trust, or granting under-leases of specifick parts with covenants for renewal, may surrender them, that separate leases may be granted by the original lessors to the cestuique trusts or under lessees on reasonable terms, subject to the accustomed rent, etc.
England, Wales and Scotland
And where any person or persons now holding or who shall hereafter hold any such lease or leases as in this Act mentioned, shall or may hold the same, or any specifick part of the lands or tenements thereby demised, in trust for any other person or persons or for any body or bodies politick or corporate, or shall have granted any under lease or under leases of any specifick part or parts of his, her or their respective holdings, and be under any covenant or engagement for renewal thereof to any other person or persons, body or bodies politick or corporate, when and as often as his, her or their own lease or leases shall be renewed, it shall and may be lawful for such person or persons at first mentioned, at any time or times after the passing of this Act, to surrender his, her or their lease or leases, in order that separate and distinct leases may be granted by the original lessor or lessors of such specifick parts of the same premises as shall have been held in trust or subject to such convenants or engagements for renewal as aforesaid, to the respective under lessees and cestuique trusts, upon fair and reasonable terms, subject to an apportionment of the accustomed rent or rents and other payments, according to the intent and meaning of this Act; and every such surrender so made, and the new leases to be granted thereon according to the intent and meaning of this Act, shall be good and effectual in law and equity, notwithstanding such under lessees and cestuique trusts, or any of them, shall or may be infants, issue unborn, femes covert, persons absent from the realm, or otherwise incapacitated to act for themselves; provided that such new leases respectively be for the benefit of the several persons entitled to the benefit of such surrendered lease or leases respectively, and be expressly so declared in the body of each such new leases respectively.
Notes on the whole Act
Textual amendments
- F1
Act repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. II Group 1