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Law of Property Act 1969 (-)
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This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted.
5.-- In subsection (1) of section 38 of the Act of 1954 (restriction on agreements excluding provisions of Part II) after the words 'shall be void' there shall be inserted the words '(except as provided by subsection (4) of this section)' and at the end of the section there shall be added the following subsection: -
'(4) The court may -
(a) on the joint application of the persons who will be the landlord and the tenant in relation to a tenancy to be granted for a term of years certain which will be a tenancy to which this Part of this Act applies, authorise an agreement excluding in relation to that tenancy the provisions of sections 24 to 28 of this Act; and
(b) on the joint application of the persons who are the landlord and the tenant in relation to a tenancy to which this Part of this Act applies. authorise an agreement for the surrender of the tenancy on such date or in such circumstances as may be specified in the agreement and on such terms (if any) as may be to specified; if the agreement is contained in or endorsed on the instrument creating the tenancy or such other instrument as the court may specify; and an agreement contained in or endorsed on an an instrument in pursuance of an authorisation given under this subsection shall be valid notwithstanding anything in the preceding provisions of this section.
