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BUSINESS TENANCIES ACT (NORTHERN IRELAND) 1964 - SECT 56

Short title and transitional provisions.

56.(1) This Act may be cited as the Business Tenancies Act (Northern Ireland)
1964.

Subs.(2) rep. by SLR 1973

(3) The transitional provisions set out in Schedule 2 shall have effect as
from the commencement of this Act.

1. In this Schedule the following expressions have the meanings hereby
assigned to them in relation to a tenancy (in this Schedule referred to as
"the relevant tenancy"), that is to say:

"the competent landlord" means the person who in relation to the tenancy is
for the time being the landlord (as defined by section 28) for the purposes of
Part I;

"mesne landlord" means a tenant whose interest is intermediate between
the relevant tenancy and the interest of the competent landlord; and

"superior landlord" means a person whose interest is superior to the interest
of the competent landlord.

2.(1) Any notice to determine served by the competent landlord under Part I to
terminate the relevant tenancy, and any agreement made between that landlord
and the tenant as to the granting, duration, or terms of a future tenancy,
being an agreement made for the purpose of the said Part I, shall bind the
interest of any mesne landlord notwithstanding that he has not consented to
the service of the notice or was not a party to the agreement.

(2) The competent landlord shall have power for the purposes of Part I to give
effect to any agreement with the tenant for the grant of a new tenancy
beginning with the coming to an end of the relevant tenancy, notwithstanding
that the competent landlord will not be the immediate landlord at the
commencement of the new tenancy, and any instrument made in the exercise of
the power conferred by this sub-paragraph shall have effect as if the
mesne landlord had been a party thereto.

(3) Nothing in sub-paragraphs (1) and (2) shall prejudice the provisions of
paragraphs 3 or 4.

3.(1) If the competent landlord, not being the immediate landlord, serves any
such notice or makes any such agreement as is mentioned in paragraph 2(1)
without the consent of every mesne landlord, any mesne landlord whose consent
has not been given thereto shall be entitled to compensation from
the competent landlord for any loss arising in consequence of the service of
the notice or the making of the agreement.

(2) If the competent landlord applies to any mesne landlord for his consent to
such a notice or agreement, that consent shall not be unreasonably withheld,
but may be given subject to any conditions which may be reasonable (including
conditions as to the modification of the proposed notice or agreement or as to
the payment of compensation by the competent landlord).

(3) Any dispute as to the amount of compensation payable under this paragraph
and any question arising under this paragraph as to whether consent has been
unreasonably withheld or as to whether any conditions imposed on the giving of
consent are unreasonable shall be referred to and determined by the
Lands Tribunal.

4. An agreement between the competent landlord and the tenant made for the
purposes of Part I in a case where

(a)the competent landlord is himself a tenant; and

(b)the agreement would apart from this paragraph operate as respects any
period after the coming to an end of the estate of the competent landlord;

Para.1 rep. by SLR 1976

2. Where before the commencement of this Act a tenancy was terminated by the
fall of a life or the occurrence of any other uncertain event and at the
commencement of this Act the tenant thereof was entitled to make but had not
made an application under the Business Tenancies Acts to the county court for
the renewal of the said tenancy, notwithstanding such termination that tenancy
shall be deemed to continue by virtue of section 3 and the provisions of
Part I shall apply accordingly.

3. Where a tenancy terminated before the commencement of this Act would
otherwise be a tenancy to which Part I applies, and the tenant thereof,
whether a decree in ejectment or order for possession had been made against
him or not, is at the commencement of this Act in occupation of the premises
or part of the premises comprised in the tenancy, then for the purposes of
this Act, notwithstanding such termination, the tenancy shall be deemed to
continue by virtue of section 3 and the provisions of Part I shall apply
accordingly.

4. For the purposes of section 5 and section 23(2) a tenancy which is not such
a tenancy as is mentioned in subsection (1) of the said section 5 but is a
tenancy to which Part I applies and in respect of which the following
conditions are satisfied, that is to say

(a)that it took effect before the commencement of this Act at the coming to an
end by effluxion of time or notice to quit or the fall of a life or the
happening of any other uncertain event of a tenancy which is such a tenancy as
is mentioned in subsection (1) of section 5 or is by virtue of this paragraph
deemed to be such a tenancy; and

(b)that if this Act had then been in force the tenancy at the coming to an end
of which it took effect would have been one to which Part I applies; and

(c)that the tenant is either the tenant under the tenancy at the coming to an
end of which it took effect or a successor to his business;

5.(1) A tenant under a tenancy which was current at the commenctment of
this Act shall not in any case be entitled to compensation under section 19
unless at the date on which he is to quit the holding, the holding or part
thereof has continuously been occupied for the purposes of the carrying on of
the tenant's business (whether by him or by any other person) for at least
five years.

(2) Where a tenant under a tenancy which was current at the commencement of
this Act would but for this sub-paragraph be entitled both to

(a)compensation under section 19; and

(b)compensation payable, under the provisions creating the tenancy, on the
termination of the tenancy;

© 1964 Crown Copyright

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