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BUSINESS TENANCIES ACT (NORTHERN IRELAND) 1964 - SECT 11

Dismissal of application for new tenancy where landlord successfully opposes.

11.(1) The Lands Tribunal shall not make an order under this Part for the
grant of a new tenancy where the landlord opposes an application under
section 8 on grounds on which he is entitled to oppose it in accordance with
section 10 and establishes any of those grounds to the satisfaction of the
Lands Tribunal.

(2) Where in a case not falling within subsection (1) the landlord opposes an
application for the grant of a new tenancy on one or more of the grounds
specified in paragraphs (d), (e) and (f) of section 10(1) but fails to
establish any of those grounds to the satisfaction of the Lands Tribunal, the
Lands Tribunal, if it would have been satisfied as to any of those grounds had
the date of termination specified in the landlord's notice to determine or, as
the case may be, the date specified in the tenant's request for a new tenancy
as the date from which the new tenancy is to begin, been such later date as
the Lands Tribunal may determine, being a date not more than one year later
than the date so specified,

(a)shall make a declaration to that effect, stating on which of the said
grounds it would have been satisfied as aforesaid and specifying the later
date determined by the Lands Tribunal as aforesaid, but shall not make an
order for the grant of a new tenancy; and

(b)if, within fourteen days after the making of the declaration, the tenant so
requires, shall make an order substituting that later date for the date
specified in the said landlord's notice to determine or the tenant's request,
and thereupon that notice or request shall have effect accordingly.


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© 1964 Crown Copyright

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