§ (1) Where any premises in respect of which a clearance order or a demolition order made under this Act has become operative form the subject matter of a lease, and the action taken under the order has not had the effect of determining the lease, either the landlord or the tenant or any other person deriving right thereunder may apply to the sheriff within whose jurisdiction the premises are situate for an order determining the lease.665
§ (2) Upon any such application as aforesaid the sheriff, after giving to any sub-tenant or other person whom he considers to be interested in the matter an opportunity of being heard, may, if he thinks fit, order that the lease shall be determined, either unconditionally or subject to such terms and conditions (including conditions with respect to the payment of money by any party to the proceedings to any other party thereto by way of compensation or damages or otherwise) as he may think it just and equitable to impose, regard being had to the respective rights, obligations and liabilities of the parties under the lease and all the other circumstances of the case:
§ Provided that the sheriff shall not be entitled to order any payment to be made by the landlord to the tenant in respect of the lease of a dwelling-house.
§ (3) In this section the expression "lease" includes a sub-lease and any tenancy or agreement for a lease or sub-lease and tacit relocation following on a lease.
§ Mr. JOHNSTON
I beg to move, "That this House doth agree with the Lords in the said Amendment."
The purpose of this Amendment is to give the Sheriff power to determine the lease.
§ Question put, and agreed to.
§ Subsequent Lords Amendments to page 34, line 40, agreed to.