Housing Act 1966

Power of Circuit Court to determine lease of house in respect of which demolition order is made.

73

73. (1) Where a housing authority have made a demolition order in respect of a house and the authority have not accepted an undertaking under subsection (8) of section 66 of this Act, and the house forms the subject matter of a lease, either the lessor or the lessee may apply to the Circuit Court for an order determining the lease.

(2) Upon any application under subsection (1) of this section the Circuit Court, after giving to any sub-lessee an opportunity of being heard, may, if it thinks fit, order that the lease shall be determined, either unconditionally or subject to such terms and conditions (including conditions with respect to the payment of money by any party to the proceedings to any other party thereto by way of compensation or damages or otherwise) as the court may think just and equitable to impose, regard being had to the respective rights, obligations and liabilities of the parties under the lease and all the other circumstances of the case.

(3) In this section, “ lease” includes an underlease and any tenancy or any agreement for a lease, under-lease, or tenancy, and “ lessor”, “ lessee”, and “ sub-lessee” shall be construed accordingly, and as including also a person deriving title under a lessor, lessee or sub-lessee.