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RATES (NORTHERN IRELAND) ORDER 1977 - SECT 23



23.(1) Notwithstanding that the owner of a hereditament is liable for, or has
undertaken, payment of the rates assessed thereon, if

(a)any sum due on account of a rate in respect of the hereditament is not paid
by the owner on or before

(i)where the sum is payable under Article 20, the date mentioned in paragraph
(4) of that Article; or

(ii)where the sum is payable under an agreement entered into under Article 21,
the date specified in that agreement which is applicable in relation to that
sum; or

(b)a notice has been served on the occupier of the hereditament under Article
26(1) and he has not complied with it;

(2) The occupier shall not be compelled to pay to the Department under this
Article at any time any sum greater than the amount of rent due from him at
that time, unless a notice has been served on him under Article 26(1) and he
has not complied with it.

(3) Where an occupier pays under paragraph (1) any sum due on account of a
rate which, if it had been paid by the owner, would not give rise to a payment
by the occupier under paragraph 3 of Schedule 8, then, notwithstanding any
covenant or agreement to the contrary,

(a)the occupier may deduct the amount of the payment from the rent due to the
owner; and

(b)if the amount of rent due is less than the amount of the payment, the
occupier

(i)may deduct the difference between those amounts from the rent accruing due
to the owner then or in the future, or

(ii)may recover that difference from the owner as a debt;



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© 1977 Crown Copyright

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