CO129-595-5 Validity of registration of land during Japanese occupation 1-1-1945 - 31-12-1946 — Page 46

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rent, if unreasonable, to a reasonable rent, to allow payment by instalments, or to allow an abatement in respect of any period when reasonable enjoyment was inter- rupted by hostilities.

(ii) If the lease has expired, the lessor will be entitled to

the same remedies, but only up to the date of expiry. Thereafter, in the premises have been occupied by the same or a now, tenant, such tenant should be deemed to have occupied as a monthly tenant at the previous rent or such reasonable rent as may be determined by the Commission, and should be liable accordingly, subject again to the Commission's power to allow payment of arrears of rent by instalments or to allow an abatement for any period when reasonable enjoyment was interrupted by hostilities.

CATEGORY 3. LESSOR AND LESSEE BOTH ASSENT OR PREVENTED FROM EXERCISING RIGHTS.

30.

(a)

31.

(b)

If the property has remained vacant.

(1)

(ii)

If the term of the lease is unexpired, the rent and performance or covenants will be excused from the occupation date. The lessee should have (say) two months from the option date in which to elect whether to continue or repudiate the lease. If he elects to continue, rent will become payable again as from the option date, or the date of lifting of the moratorium if later.

If the lease has expired, the rent and obligations should be excused from the occupation date until the date of expiry.

If a trespasser or person holding under title from the Japanese or under other authority acting under Japanese direction, is in possession

(i) The occupier may be ejected, by order of the Commis-

sion, without compensation. Rent and lessee's obligations should be excused from the occupation date. If the term is unexpired, the lessee should have an option, exercisable within (say) two months from the option date to continue the lease. If he elects to continue, the obligation to pay rent and perform covenants will revive as from the optión date or the date of ejectment of the trespasser whichever is later;

(ii)

If the lease has expired, the occupier may be ejected by order of the Commission without compensation. The lessee will not (unless the lease contained an option to renew) have any right to continue the lease The rent and lessee's obligations will be excused from the occupation date to the date of expiry.

MONTHLY TELALCIES where the tenant is absent owing to war circumstances should be dealt with on the basis that rent and covenants are excused from the occupation date. No question of renewal arises. Where the landlord was absent owing to war cir- cumstances, he should have a right to be put in possession and have an assessment of compensation for damage or waste.

PART VI.

GENERAL

32. LEGISLATION. Some of the above results can be effected by

administrative