Section 23: Acquisition of land held on lease

23. Acquisition of land held on lease (1) Where land is comprised in a lease for a period of one month or more and part only of the land is compulsorily acquired, the rent payable in respect of the land comprised in the lease may, on the application of the lessor or the lessee to the Board, be apportioned between the land acquired and the residue of the land. (2) After an apportionment of the rent under subsection (1)— (a) the lessee shall be liable to pay only so much of the future accruing rent, as has been apportioned in respect of the residue of the land; (b) the lessor shall have the same rights and remedies for the recovery of the apportioned rent as he had before the apportionment for the recovery of the whole rent due under the lease; (c) all the conditions of the lease, except those concerning the amount of rent to be paid, shall remain in force with regard to the residue of the land as if the residue of the land only had been included in the lease. (3) (a) Where it is shown that the compulsory acquisition of a portion of land comprised in a lease has rendered the residue unsuitable for the purpose for which the land was leased or where in the circumstances the Board, on application by the lessee, considers it just to do so, it may rescind the lease. (b) Where a lease is rescinded under paragraph (a), the lessee shall be liable to pay only the rent due at the date of the occurrences of the circumstances on which the rescission order is based.