“DURATION OF WAR”

Greymouth Evening Star, 21 December 1945, Page 8

“DURATION OF WAR”

EFFECT ON LEASES.

WELLINGTON, December 20.

Important provisions affecting wartime leases are contained in the Validation of War-time Leases Emergency Regulations, 1945, gazetted today. An explanation of the regulations was given to-night by the Act-ing-Prime Minister (Mr. Nash), who said 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 legislation which was passed in the United Kingdom to remedy the position. The regulations provide that any lease granted for the duration of the wai shall take effect as if it was for a term of 10 years, subject to the right of the landlord or tenant to terminate TTjg 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 lease after the end of the war will override the provisions of the regulations in that behalf. If the term of the 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 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 a lease is for a specified term or for the duration of the war, whichever is the shorter, the regulations apply as if the reference to 10 years were a reference to the terms specified in the lease. When a 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 sublease 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 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 where notice terminating it had been duly given before that date. Tenancies which were in 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.