317 Power of court to determine lease where premises demolished F1. . . .E+W
(1)Where premises in respect of which a demolition F2. . . order under this Part has become operative form the subject matter of a lease, the lessor or the lessee may apply to [F3a residential property tribunal] for an order determining or varying the lease.
(2)On the application the [F4tribunal] may make such an order if it thinks fit, after giving any sub-lessee an opportunity of being heard.
(3)The order may be unconditional or subject to such terms and conditions (including conditions with respect to the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise) as the [F5tribunal] may think just and equitable to impose, having regard to the respective rights, obligations and liabilities of the parties under the lease and to all the other circumstances of the case.
(4)In this section “lessor” and “lessee” include a person deriving title under a lessor or lessee.
Textual Amendments
F1S. 317: words in sidenote repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art.2(1)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.)
F2Words in s. 317(1) repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.)
F3Words in s. 317(1) substituted (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 48(4)(a), 270(4)(5); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
F4Words in s. 317(2) substituted (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 48(4)(b), 270(4)(5); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
F5Words in s. 317(3) substituted (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 48(4)(b), 270(4)(5); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)