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

Where any building or works on land comprised in a lease is or are unfit by reason of war damage, and urgent repairs to the building or works are necessary to prevent deterioration and are not being executed, any person who has the fee simple in the land or a lease of the land or is a mortgagee of the fee simple or a lease, or any person authorised by any such person as aforesaid may, if he cannot obtain permission to enter upon the building or works from the person having control thereof, or cannot obtain such permission without unreasonable delay, enter upon the building or works for the purpose of executing the necessary repairs, and may use such force as is reasonably necessary for effecting entry.

Any tenant of any land which is unfit by reason of war damage shall be entitled, notwithstanding that he has served a notice of disclaimer, to enter upon the land for the purpose of taking any measures necessary to preserve or remove any furniture or other goods belonging to or used by him.

any lease is deemed to have been surrendered by virtue of section eight of the principal Act (which relates to the effect of a notice of disclaimer); or

the rent payable under any lease ceases to be payable for any period by virtue of section ten or section eleven of the principal Act (which relate to the effect of a notice of retention and a notice to avoid disclaimer respectively), or, in the case of a short tenancy to which section one of this Act applies, by virtue of that section;

the land comprised in any lease has been rendered unfit by war damage and a notice of retention or a notice to avoid disclaimer has been served in respect of the lease; and

repairs have been carried out to the land;

Where—

the first-mentioned person shall be entitled to recover from his said landlord or tenant the amount by which the said cost has been so increased, or, as the case may be, such part of the said increase as is attributable to the said part of the damage or dilapidation.

Any person from whom any sum has been recovered under this section shall have the like right (if any) to recover that sum or any part thereof from any person, being his landlord or tenant under any lease comprising the land, as if he himself had reinstated, redeveloped or rendered fit the land.

Nothing in this section shall be taken to affect any right, whether under the M1Fires Prevention (Metropolis) Act 1774 or otherwise, in respect of money payable under a policy of insurance in respect of any such damage or dilapidation as aforesaid, or any right to damages for a failure to insure land in respect thereof, but any amount recovered by any person, or made available for the reinstatement, redevelopment or rendering fit of the land by any person, by virtue of any such right, shall be deducted from the amount recoverable by that person under this section in respect of that damage or dilapidation.

In this Act the expression “the principal Act” means the M1Landlord and Tenant (War Damage) Act 1939.

In this Act and in the principal Act the expression “war damage” shall have the meaning assigned to it by subsections (1) and (2) of section eighty of the M2War Damage Act 1941 and subsection (3) of that section shall apply for the purposes of this Act and the principal Act as it applies for the purposes of the War Damage Act 1941; and the definition of the said expression in the principal Act shall cease to have effect.

It is hereby declared for the removal of doubt that the expression “landlord”, as defined by section twenty-four of the principal Act includes, in relation to any lease, a mortgagee of the lessor’s interest who is in possession of that interest or has appointed a receiver of the rents and profits thereof.

In subsection (2) of section ten of the principal Act (which defines the expression “rent”), for the words “any periodical sum payable by the tenant in connection with the occupation of the land comprised in the lease” there shall be substituted the words “any periodical sum payable by the tenant to the landlord in connection with his tenancy”, and the references to the definition of the said expression in sections eleven and twelve of the principal Act shall be construed accordingly.

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References in this Act to buildings or works on land shall be construed as including references to buildings or works under and over land.

In relation to a multiple lease section six of this Act shall not apply and the other provisions of this Part of this Act shall have effect subject to the modifications specified in this section.

Where a notice of disclaimer, a notice of retention or a notice to elect is served with respect to the lease—

If on such an application the court is satisfied that, having regard to the extent of the war damage suffered by the land comprised in the lease as a whole and all circumstances of the case (including any offers made by the landlord for an extension of the land lease or an alteration of the rent reserved thereby or for any other modification of the terms of the lease) it is equitable to allow the tenant to exercise the said right in respect of the lease as a whole, the court shall give a direction accordingly, and any notice of disclaimer or retention already served shall have effect under this Part of this Act, and the court—

If on such application the court, having regard to the matters referred to in the last foregoing subsection, is not satisfied that it is equitable to allow the tenant to exercise the right of disclaimer or retention as respects the lease as a whole, but it is satisfied that it is equitable to allow him to exercise the said right as respects one or more of the seperate tenements comprised therein (hereafter referred to as “the disclaimable tenements”, the court—

If on such an application the court, having regard to the matters referred to in subsection (3) of this section, is not satisfied that it is equitable to allow the tenant to exercise the right of disclaimer or retention as respects the lease as a whole or as respects one or more of the seperate tenements comprised therein, the court shall direct that the land comprised in the lease shall not be deemed to be unfit for the purposes of this Part of this Act and that any notice of disclaimer, notice of retention or notice to elect relating thereto shall cease to have effect:

Provided that the court may, if having regard to the extent of the war damage suffered by the land it considers it equitable to do so, order that the rent reserved for the lease shall, until the war damage is made good, be reduced to such extent as may be specified.

Unless an application is made to the courtunder this section with respect to notice of disclaimer, a notice of retention or a notice to elect served with respect to a multiple lease, the land comprised in the lease shall be deemed for the purpose of the proceedings pursuant to the notice to have been unfit by reason of war damage at the time when the notice was served.