So long as land is requisitioned in the exercise of emergency powers, the tenant is in general relieved from liability for breach of a covenant to repair1. The obligation of a tenant to repair may be modified, suspended or extinguished by the occurrence of war damage; in such a case, all rights or remedies arising from that obligation will be modified, suspended or extinguished accordingly2.
Although, in some circumstances, the doctrine of frustration may be applied to particular covenants3, the tenant may be liable for breach of a repairing covenant even though he is unable to obtain planning permission to
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