536. Disclaimer and retention of leases under the Landlord and Tenant (War Damage) Acts 1939 and 1941.

Where land1 comprised in a lease2 becomes unfit3 for use by the tenant4 by reason of war damage5, he may serve on the landlord6:

  1.  

    (1)     a notice electing to disclaim the lease (a 'notice of disclaimer')7; or

  2.  

    (2)     a notice electing to retain the lease on altered terms (a 'notice of retention')8.

Notices must be in writing and must comply with the statutory provisions regarding service9.

The effect of a notice of disclaimer is that the lease disclaimed is deemed to have been surrendered as from the date of service of the notice10.

The effect of a notice of retention is that