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BUSINESS TENANCIES ACT (NORTHERN IRELAND) 1964 - SECT 2

Tenancies to which this Part does not apply.

2.(1) This Part does not apply

[(a)to a tenancy where the property comprised therein is let on a protected
tenancy or subject to a statutory tenancy within the meaning of the Rent
(Northern Ireland) Order 1978 but where, except for the preceding provision,
this Part would apply to a tenancy and that tenancy ceases at any time to be a
protected or, as the case may be, a statutory tenancy, then as from that time
the provisions of this Part shall apply to that tenancy as if it were a
tenancy continuing by virtue of section 3 after the expiry of a term certain
exceeding one year;

(b).] (d)to a tenancy granted (whether before or after the commencement of
this Act) for a term certain not exceeding three months unless the tenant has
been in occupation for a period which, together with any period during which
any predecessor in the carrying on of the business carried on by the tenant
was in occupation, exceeds six months;

(e)to a tenancy of agricultural land, including farm houses and farm
buildings;

(f)to a tenancy created (whether before or after the commencement of this Act)
by a mining lease;

(g)to a tenancy where there subsists in the premises comprised in the tenancy
an estate acquired (whether before or after the commencement of this Act) by a
public authority which requires possession of such premises for the purposes
of carrying out its functions under any enactment or any rule of law, and that
authority would but for this Part be entitled to obtain possession of those
premises;

(h)to a tenancy granted for or made dependent on (whether before or after the
commencement of this Act) the continuance of the tenant in any office,
employment or appointment;

(i)to a tenancy granted before the commencement of this Act which was granted
and expressed to be granted for the temporary convenience of the immediate
landlord or of the tenant;

(j)to a tenancy granted (whether before or after the commencement of this Act)
by the personal representatives of a deceased owner of land in pursuance of
the power conferred by section 40(1)(a) of the Administration of Estates Act
(Northern Ireland) 1955;

(k)to a tenancy where the tenant thereunder is convicted after the
commencement of this Act of using the premises comprised in such tenancy, or
permitting such premises to be used, for an illegal purpose;

(l)to a tenancy granted (whether before or after the commencement of this Act)
by any person in breach of any prohibition against granting such a tenancy
contained in his contract of tenancy or any other agreement;

[(m)to a tenancy where the tenant thereunder is

(i)a lessee to whom section 1 of the Leasehold (Enlargement and Extension) Act
(Northern Ireland) 1971 applies; or

(ii)a lessee to whom an extended lease has been granted under the said Act of
1971.]

(2) In subsection (1)(g) "public authority" includes any department of the
Government of the United Kingdom or of Northern Ireland, any local authority,
and any public body or authority constituted by or under any enactment.

Continuation of tenancies to which this Part applies until terminated in
accordance with this Part.



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© 1964 Crown Copyright

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