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BUSINESS TENANCIES ACT (NORTHERN IRELAND) 1964 - SECT 50

Protection of landlords in fiduciary capacities.

50.(1) Where a landlord is a person entitled to receive the rents and profits
from any premises comprised in a tenancy as trustee or in any character
otherwise than for his own benefit and money is payable by such landlord to
his tenant in respect of compensation under this Act or in respect of costs,
charges or expenses in relation to any application by the tenant under
this Act, the following provisions shall have effect, that is to say:

(a)such money shall not be recovered personally against such landlord nor
shall he be under any liability to pay such money, but such money shall be a
charge on and recoverable only against the premises comprised in the said
tenancy and all property real or personal, held by the landlord on the same
trusts or in the same character as the premises comprised in the said tenancy;

(b)such landlord shall, either before or after having paid such money to such
tenant, be entitled to obtain from a county court an order charging such
premises and all property, real or personal, held by him on the same trusts or
in the same character as such premises with the payment of the amount of such
money and of all costs properly incurred by him in obtaining such order or
raising the amount of the charge;

(c)if such landlord neglects or fails to pay such money within one month after
such tenant has quitted such premises, such tenant shall be entitled to obtain
from a county court an order directing that such premises and all property,
real or personal, held by such landlord on the same trusts or in the same
character as such premises shall be charged with the payment of the amount of
such moneys or of so much thereof as is then unpaid and of all costs properly
incurred by him in obtaining such order or in raising the amount of the
charge.

(2) Any company having power to lend money on mortgage or to advance money for
the improvement of land may take an assignment of any charge made by a county
court under this section, and such company may assign any such charge so
assigned to them to any person whomsoever.

© 1964 Crown Copyright

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