BUSINESS TENANCIES ACT (NORTHERN IRELAND) 1964 - SECT 17 Carrying out of order for new tenancy.

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BUSINESS TENANCIES ACT (NORTHERN IRELAND) 1964 - SECT 17

Carrying out of order for new tenancy.

17.(1) Where the Lands Tribunal makes an order under this Part for the grant
of a new tenancy, then, unless the order is revoked under subsection (2) or
the landlord and tenant agree not to act upon the order, the landlord shall be
bound to execute or make in favour of the tenant, and the tenant shall be
bound to accept, an agreement for a tenancy of the holding embodying the terms
agreed between the landlord and the tenant or determined by the Lands Tribunal
in accordance with the foregoing provisions of this Part; and where
the landlord executes or makes such an agreement the tenant shall be bound, if
so required by the landlord, to execute a counterpart or duplicate thereof.

(2) If the tenant, within fourteen days after the making of an order under
this Part for the grant of a new tenancy, applies to the Lands Tribunal for
the revocation of the order, the Lands Tribunal shall revoke the order; and
where the order is so revoked, then, if it is so agreed between the landlord
and the tenant or determined by the Lands Tribunal, the current tenancy shall
continue beyond the date at which, but for this subsection, it would have come
to an end, for such period as may be so agreed or determined to be necessary
to afford to the landlord a reasonable opportunity for re-letting or otherwise
disposing of the premises which would have been comprised in the new tenancy;
and while the current tenancy continues by virtue of this subsection it shall
not be a tenancy to which this Part (other than this subsection and subsection
(3)) applies.

(3) Where an order is revoked under subsection (2) any provision thereof as to
payment of costs shall not cease to have effect by reason only of the
revocation; but the Lands Tribunal may, if it thinks fit, revoke or vary any
such provision or, where no costs have been awarded in the proceedings for the
revoked order, award such costs.

(4) An agreement made under this section, where the estate of the landlord is
subject to a mortgage, shall be deemed to be one authorised by section 18 of
the Conveyancing Act 1881 (which confers certain powers of leasing on
mortgagors in possession), and subsection (13) of that section (which allows
those powers to be restricted or excluded by agreement) shall not have effect
in relation to such an agreement.

(5) In subsection (4) the references to section 18 of the
Conveyancing Act 1881 shall be construed as a reference to that section as
modified by subsection (10) of section 3 of the Conveyancing Act 1911 and, so
far as it relates to the powers of leasing, by subsection (11) of the said
section 3.

(6) Where a landlord or tenant refuses, neglects or fails within a reasonable
time to execute or accept any document which he is bound under the provisions
of this section to execute or accept, the Lands Tribunal may, on the
application in accordance with Lands Tribunal Rules of any interested party,
nominate some proper person to execute or accept or join in executing or
accepting the document on behalf of the person in default, and the person so
nominated may recover summarily as a civil debt due to him by the person in
default any fees, costs or other expenses incurred by him in executing or
accepting that document.

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Northern Irish Legislation

BUSINESS TENANCIES ACT (NORTHERN IRELAND) 1964 - SECT 17