WAR-TIME LEASES

Evening Star, Issue 25672, 21 December 1945, Page 7

WAR-TIME LEASES

DURATION DEFINED EMERGENCY REGULATIONS (P.A.) WELLINGTON, December 20. Important provisions affecting wartime leases are contained in the Validation, of the War-time Leases Emergency Regulations, 1945, which were gazetted to-day. An explanation of the regulations was given to-night by the Acting Prime Minister, Mr Nash, who said that it had been held by a judgment of the English courts (which would probably be followed 'in New Zealand) that a lease granted for “ the duration of the war ” was invalid because the term was not certain. The regulations were based on the legislation which was passed in the United Kingdoip to remedy the position. The regulations provide ,tliat any lease; granted for the duration of the war shall take effect as if it was for a term of 10 years, subject to the right of the landlord or .tenant to terminate the lease by one month’s notice given at any time after the end of the war. Any provision in a lease for its termination by notice before the end of the war is not affected and, similarly, any provision for the termination of a iease after the end of the war will override the provisions of the regulations in that connection.

If the term of lease is for a specified period after the end of the war or is for the duration of the war with any particular State, or in any particular theatre of war, the regulations will apply to the lease as if the references to the duration of the war were references to the term provided for by the lease. When the lease is for a" specified term or for the duration of the war, whichever is the shorter, the regulations will apply as if the reference to 10 years were a reference to the terms specified in the lease.

When the lease is for a specified term or for the duration of the war, whichever is the longer, and the war ends before the specified term, the lease is deemed to be for that specified term. In the case of a sub-lease granted by a landlord whose own term has less than 10 years to run, the sub-lease is deemed to be for the unexpired portion of the landlord’s term, less one day. Where it is impossible to tell from the terms of the lease whether it refers to the war generally or to the war against any particular State or in any particular theatre of war, it is deemed to refer to the war against the States with which His Majesty was at war at the date of the lease.

The regulations said (Mr Nash, also empowered the Governor-General to declare by an Order in Council what date was to be treated for the purpose of leases as the date of the end of the war, either generally or in respect of any particular State or States. The regulations were to apply to all leases as from their respective dates, but they did not apply to any lease where it had been terminated before September 1, 1945, or wherenotice terminating it had been duly given before that date. Tenancies which m existence only by virtue of the Fair Rents Act, 1936, were not affected by the regulations. The regulations bound the Crown. Mr Nash said that from the legal point of view the war had not yet ended, either generally or in respect of any particular State or States.