WARTIME LEASES

Wanganui Chronicle, Volume 89, Issue 302, 22 December 1945, Page 5

WARTIME LEASES

VALIDATING REGULATIONS EXPLANATION BY THE MINISTER (P.A.) Wellington, Dec 20. Important provisions effecting wartime leases are contained in the validation of Wartime Leases Emergency Kegula.ions, l‘J4b, gazetted to-uuy. An explanation of the regulations was given to-night by the Acting Prime Minister, Mr. Nash, who said it had boon lieid by the judgment ot the English Courts (which would probably be lollowed in New Zealand) that 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 tho United Kingdom to remedy the position. The regulations provide that Any lease granted for the duration of the war shall take effect as if it was for a term of ten years, subject to a right for the landlord or tenant to terminate the lei?.se by one month’s notice given at any time after the end of the war. Any provision in the lease for its termination bv notice before the end of ihe war is not affected, and, similarly, any provision for the termination of the lease after the end of the war will override the provision 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 references to the duration of the war were references to the term pro\. tor bv Uu* tea e. When the lease is for a specified term, or for the duration of ’he war, whichever is the shorter, the regulations apply a* if the reference to ten 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 w;’.r. v hi > ihe lon- <•:. and the war ends before the specified term the leas? is doomed to be for that specified term. In the care of a sub-lease granted bv fi landlord, whose own term has les» than ten years to run. t!.' sub-k'as? 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 1o the war generally, or to the war against any particular State, or in any particular .ivatre of*war. .t i; deemed to refer to the war against the States with which His "'as at war at the date ol tho lease. The regulations, .said Mr. Nash, also emnowc ed lie Goyernor-Gonerdi to declare, bv Order-in-Council, what, date was to be treated for pie purpose of the leases as the date of the end of 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 boon terminated before September 1, 1945 or where ihe notice i terminating it had been duly given I before that date. Tenancies which were in existence < nlv by virtue of tht ' Fair Rents Act, 1936, were not affected by tho regulations. The regulations bound the Crown. Mr. Nash said that from, legal a point of view, the war had not yet. ended, either generally or in respect of any particular State or States.