These terms are that as soon as practicable the tenant shall make good the war damage and render the premises fit for habitation at his own cost. No rent is payable in the interval. The Subsequent rent, if not agreed, is decided by the County Court. Only in the case of a lease with a long unexpired term is this course likely to appeal to a tenant of badly damaged premises. The "notice of disclaimer" will probably be more common, and the landlord can counter this by serving a "notice to avoid disclaimer," under which he assumes responsibility for making good the damage, and loses the rent in the interval.
But this machinery may not be set in motion for merely trivial matters. A notice of disclaim mer is only applicable to premises genuinely rendered unfit for habitation. A landlord may within one month of the receipt of this notice, test its validity by appeal to the County Court. Tosa similar manner a notice to elect can be countered by a tenant with a notice stating that the premises are not unfit, so that the first notice is of no effect. The landlord can then within fourteen days apply to the County Court to determine the, matter.
Nor can a ground landlord secure possession of a house by following this procedure. Only the tenant can make a move in this direction, and he will do so by applying to the County Court. If notices are served, and the recipient considers the premises under a ground lease, he may apply to the Court. Sub-tenants also are protected. Receipt by a tenant of a notice to elect carries with it the obligation to serve a copy upon any sub-tenant within fourteen days. The sub-tenant may elect to disclaim his sub-lease, and can only be dispossessed if he has done so. Otherwise the sub-lease will continue, though the head lease may lapse.
The making good of war damage is one of the purposes for which money may be borrowed from the Lands Improvement Company. Tenants for life may use capital monies for this purpose, whatever the terms of the trust deed, and without incurring a liability to repay by insflments. As to the ultimate responsibility, the "Government have stated their firm intention to make compensation upon the highest scale at the end of the war, having regard to the then financial positión of the country. To this end, whenever damage occurs it is noted in some detail and its amount estimated in b. d. by the District Valuer, who in all cases seeks to agree as to the figures with the landlord and tenant. Ultimately, compensation will no doubt be paid both to the landlord and tenant in proportion depending upon the steps now taken by the parties.
Text read from the printed page and cleaned; old type leaves the occasional error.