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BUSINESS TENANCIES ACT (NORTHERN IRELAND) 1964 - SECT 10

Opposition by landlord to application for new tenancy.

10.(1) The grounds on which a landlord may oppose an application made under
section 8 to the Lands Tribunal for a new tenancy are such of the following
grounds as may be stated in the landlord's notice to determine under
section 4, or as the case may be, in the landlord's notice under section 5(6),
that is to say:

(a)where under the current tenancy the tenant has any obligations as respects
the repair and maintenance of the holding, that the tenant ought not to be
granted a new tenancy in view of the state of repair of the holding, being a
state resulting from the tenant's failure to comply with those obligations;

(b)that the tenant ought not to be granted a new tenancy in view of his
persistent delay in paying rent which has become due;

(c)that the tenant ought not to be granted a new tenancy in view of other
substantial breaches by him of his obligations under the current tenancy, or
for any other reason connected with the tenant's use or management of
the holding;

(d)that the landlord has offered and is willing to provide or secure the
provision of alternative accommodation for the tenant, and

(i)that the terms on which the alternative accommodation is available are
reasonable having regard to the terms of the current tenancy and to all other
relevant circumstances; and

(ii)that the accommodation and the time at which it will be available are
suitable for the tenant's requirements (including the requirement to preserve
goodwill) having regard to the nature and class of his business and to the
situation and extent of, and facilities afforded by, the holding;

(e)where the current tenancy was created by the subletting of part only of the
property comprised in a superior tenancy and the landlord is the owner of an
estate in reversion expectant on the termination of that superior tenancy,
that the aggregate of the rents reasonably obtainable on separate lettings of
the holding and the remainder of that property would be substantially less
than the rent reasonably obtainable on a letting of that property as a whole,
that on the termination of the current tenancy the landlord requires
possession of the holding for the purpose of letting or otherwise disposing of
the said property as a whole, and that in view thereof the tenant ought not to
be granted a new tenancy;

(f)that on the termination of the current tenancy the landlord intends

(i)to demolish or rebuild the premises comprised in the holding or a
substantial part of those premises; or

(ii)to carry out substantial works of construction on the holding or part
thereof;

(f)and that the landlord could not reasonably do so without obtaining
possession of the holding;

(g)subject to subsection (3), that on the termination of the current tenancy
the landlord intends that the holding will be occupied for a reasonable period
for the purposes, or partly for the purposes, of a business to be carried on
by him or by a company in which he has a controlling interest, or as his
residence.

(2) Where the landlord opposes an application on the ground specified in
subsection (1)(f) the Lands Tribunal may require the landlord to furnish
evidence that planning permission required under any enactment has been
granted to him in respect of the works which he intends to undertake.

(3) The landlord shall not be entitled to oppose an application on the ground
specified in subsection (1)(g) if the estate of the landlord, or an estate
which has merged in that estate and but for the merger would be the estate of
the landlord, was purchased or created after the beginning of the period of
five years which ends with the termination of the current tenancy, and at all
times since the purchase or creation thereof the holding has been comprised in
a tenancy or successive tenancies of the description specified in
section 1(1).

(4) For the purposes of subsection (1)(g) the landlord shall be deemed to have
a controlling interest in a company if he has the power to secure, by means of
the holding of shares or the possession of voting power in or in relation to
the company, or by virtue of any powers conferred by the articles of
association or other document regulating that company, that the affairs of the
company are conducted in accordance with his wishes.

© 1964 Crown Copyright

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