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