68Apportionment of rent where part of leased land taken

68 Apportionment of rent where part of leased land taken

(1)  If a part of any land comprised in a lease is taken, the rent payable in respect of the land comprised in the lease is apportioned between the part taken and the part not taken.

(2)  For the purposes of subsection (1) , the apportionment is as agreed between the lessor, the lessee and the acquiring authority.

(3)  Where an apportionment of rent cannot be agreed on as provided in subsection (2) , the acquiring authority must apply to the Court for a determination of the apportionment.

(4)  [Section 68 Subsection (4) amended by No. 31 of 2019, s. 22, Applied:01 Jan 2020] After the settlement of an apportionment–

(a) as to all future accruing rent, the lessee is liable only to the rent apportioned in respect of the part of the land not taken; and

(b) the lessor has, as against the part of the land not taken, and as against the lessee, the same rights and remedies for the rent so apportioned as he or she had, before the apportionment, for the whole rent; and

(c) all covenants, conditions and agreements in the lease (except as to the amount of rent) remain in force in relation to the part of the land not taken.