| |
PART VII.
Miscellaneous.
|
|
|
Grant of building leases by the Court.
|
60.—(1) Any person (in this section referred to as the applicant) who desires to obtain a building lease of land (hereinafter referred to as the building ground) situate in an urban area and either has obtained the consent hereinafter mentioned or is hereinafter exempted from obtaining any consent may apply to the Court for a building lease under this section of such land.
|
|
| |
(2) The consent required by the foregoing sub-section of this section to be obtained by the applicant shall be—
|
|
| |
(a) where the occupier of the building ground holds the building ground in fee simple or in fee farm or under a lease for a life or lives in being (either with or without a term of years) or under a lease for a term of which not less than ten years are unexpired on the day on which the application under this section is made, the consent in writing of such occupier; or
|
|
| |
(b) where the occupier of the building ground (whether he is or is not himself the applicant) holds the building ground for a term of which less than ten years are unexpired on the said day or under a yearly tenancy or any lesser tenancy, the consent in writing of the person for the time being in possession of the lowest interest in the building ground which is sufficient to support the grant on the said day of a lease for one hundred and fifty years.
|
|
| |
(3) The applicant shall be exempt from obtaining the consent mentioned in the first sub-section of this section where he is himself the occupier of the building ground and holds the building ground under a lease of which not less than ten years are unexpired on the day on which the application under this section is made.
|
|
| |
(4) The notice of motion or other document originating an application to the Court under this section shall contain a statement of the general character and the number of the buildings proposed to be erected under the building lease for which such application is made.
|
|
| |
(5) Where an application is made to the Court under this section, the Court shall, before proceeding with the hearing of such application, be satisfied that all necessary parties have notice of the application, and for that purpose the Court may direct such inquiries to be made and notices to be served as it shall think proper and in particular may direct any such notice to be served by advertisement.
|
|
| |
(6) Where on the hearing of an application under this section the Court is satisfied, having regard to all the circumstances of the case, that it is reasonable and proper that a building lease should be made under this section of the building ground or any part thereof to the applicant, the Court may direct such building lease to be made accordingly.
|
|
| |
(7) The following provisions shall have effect in respect of every building lease made under this section, that is to say:—
|
|
| |
(a) such lease shall be made for such term, not exceeding one hundred and fifty years, as the Court shall direct, commencing on such date as the Court shall fix;
|
|
| |
(b) such lease shall reserve such rent or rents to such persons as the Court shall direct;
|
|
| |
(c) where the Court so directs, such lease shall be expressed as a lease and a series of reversionary leases;
|
|
| |
(d) such lease shall contain such covenants and conditions (including a covenant by the lessee to erect a building or buildings on the demised premises in accordance with plans approved of by the lessor, or the Court, or otherwise) as the Court shall direct;
|
|
| |
(e) the parties to such lease shall be such persons as the Court shall direct;
|
|
| |
(f) the draft of such lease shall be settled and approved of by the Court;
|
|
| |
(g) the Court may authorise the postponement of the execution of such lease until the building or buildings or a specified part thereof shall have been completed.
|
|
| |
(8) Where a person who is directed by the Court to be a party to a building lease under this section is, by reason of his being a trustee, personal representative, or other person having a fiduciary capacity or by reason of his being an infant or by reason of his having only an estate for his life, or in tail or other limited estate or by reason of restrictive covenants in the lease under which he holds the building ground, incapable in law of being a party to such lease for the purposes directed by the Court, the Court may by order empower such person to be a party to such lease for those purposes and to execute such lease accordingly.
|
|
| |
(9) Where a person who is directed by the Court to be a party to a building lease under this section is an infant, or a person of unsound mind, or cannot be found, or refuses or fails to execute such lease, the Court may appoint an officer of the Court to execute such lease for and in the name of such person, and thereupon the execution, of such lease by such officer for and in the name of such person shall for all purposes be as effectual as the execution thereof by such person.
|
|
| |
(10) For the purposes of and in relation to a building lease under this section, the Court may, if it thinks fit, dispense with the consent or concurrence of the trustees for the purposes of the Settled Land Acts, 1882 to 1890, of any settlement, whether there are or are not any such trustees.
|
|
| |
(11) All costs and expenses of or incidental to an application to the Court under this section and of or incidental to the preparation, execution, and completion of the building lease (if any) made in pursuance of such application shall, unless the Court for special reason otherwise directs, be borne and paid by the applicant.
|
|
| |
(12) This section shall not apply to any land which is vested in or held in trust by any local or public authority (otherwise than as tenants thereof) for the purposes of their powers and duties as such or is held by any corporation for the purposes of a railway, tramway, dock, canal, water, gas, electricity or other public undertaking.
|
