{
  "url": "https://openlegislation.uk/landlord-and-tenant-war-damage-act-northern-ireland-1941/section-9",
  "json_url": "https://openlegislation.uk/landlord-and-tenant-war-damage-act-northern-ireland-1941/section-9.json",
  "legislation": "apni/1941/9",
  "legislation_title": "Landlord and Tenant (War Damage) Act (Northern Ireland) 1941",
  "legislation_url": "https://openlegislation.uk/landlord-and-tenant-war-damage-act-northern-ireland-1941",
  "path": "section/9",
  "kind": "section",
  "number": "9",
  "heading": "Power of court to modify effect of notice of disclaimer.",
  "text": "(1) On an application duly made under this section, the court shall have power to modify the operation of a notice of disclaimer as stated in the last foregoing section as follows:—\n(a) by varying the date on which sub-section (2) of that section takes effect or the date as from which any lease or sub-lease is deemed to have been surrendered or any interest therein is deemed to have been extinguished;\n(b) by excepting from the operation of that section, on such terms as the court thinks just, any sub-lease and any interest therein which would otherwise be deemed to have been surrendered or extinguished;\n(c) by vesting on such terms as the court thinks just the lease disclaimed, or any sub-lease which would otherwise be deemed to have been surrendered, in any person having an interest in the lease or sub-lease other than the tenant thereunder;\n(d) by imposing such terms and making such orders as to the removal of fixtures and otherwise as the court thinks just.\n(2) The terms imposed by the court under paragraph ( b) or paragraph ( c) of the last foregoing sub-section may include such alterations as the court thinks just of the terms of the lease or sub-lease in question.\n(3) An application under this section may be made by any person—\n(a) having an interest in or derived out of the tenancy created by the lease disclaimed; or\n(b) having an interest in the reversion;\nat any time within the period allowed under this Act for serving a notice to avoid disclaimer.\n(4) Unless the court otherwise directs, no application under this section and no order of the court thereon shall prejudice the right of a landlord to serve a notice to avoid disclaimer within the period allowed by this Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/apni/1941/9/section/9",
    "retrieved_at": "2026-10-29T21:34:15.675393+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}