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LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 - SECT 11

1961 c.15

11.(1) Where a person who is required by this Act to join in the apportionment
of a rent is, by reason of having a fiduciary capacity or a limited estate or
by reason of restrictive covenants in the lease under which he holds,
incapable in law of joining in the apportionment, the Lands Tribunal may, on
the application of any person concerned, empower the person so required to
join in the apportionment.

(2) Where a person who is required by this Act to join in the apportionment of
a rent is a minor or is unknown or unascertained or refuses or fails to
execute any relevant document, the Lands Tribunal may, on the application of
any person concerned, appoint an officer of the Tribunal to execute such
document for and in the name of the person so required and thereupon the
execution of such document by such officer for and in the name of such person
shall for all purposes be as effectual as the execution thereof by such person
and as if, where such person is under any disability, he were not under that
disability.

(3) Where any person who is required by this Act to join in the apportionment
of a rent is unknown or unascertained, the Lands Tribunal may, on the
application of the person seeking the apportionment, appoint any person who is
receiving the rent in respect of the estate in the land of the person making
the application, or such other person as the Tribunal may think fit to
appoint, to represent such unknown or unascertained person in all proceedings
in connection with the apportionment, and may, at the same time or
subsequently, appoint an officer of the Tribunal to execute any relevant
document for and on behalf of the person so required and unknown or
unascertained, and thereupon the execution of such document by such officer
for and on behalf of such person shall for all purposes be as effectual as the
execution thereof by such unknown or unascertained person.

(4) Where a person who is required by this Act to join in the apportionment of
a rent is incapable by reason of mental disorder within the meaning of the
Mental Health Act (Northern Ireland) 1961 of managing and administering his
property and affairs, the committee, receiver or guardian appointed in his
case under the Lunacy Regulation (Ireland) Act 1871 (or in default of the
appointment of a committee, receiver or guardian, the [Master (Care and
Protection)]) shall for the purposes of this Act take the place of the person
so incapable and may, notwithstanding any statutory provision or rule of law
to the contrary, fully and effectively join in the apportionment and for that
purpose execute any relevant document.

(5) Where a person upon whom a notice under section 9 in relation to rent is
required to be served cannot be found or ascertained, the person shall be
deemed, for the purposes of this section, to be a person who is required by
this Act to join in the apportionment of the rent.


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© 1971 Crown Copyright

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