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LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 - SECT 17

Terms of extension of lease.

17.(1) Where the reversion immediately expectant on the expiration of a lease
is less than the term for which an extension of the lease is to be granted,
the immediate lessor and the owners of such estates in the land, if any, as
are superior to that of the immediate lessor as may be necessary shall, on
receiving a notice under section 2 of a proposal to acquire an extended lease
in relation to the land, join in the grant of the extension of the lease.

(2) For the purpose of securing the joinder of all necessary parties in the
grant of an extension of a lease, the lessee may serve all or any of the
following notices:

(a)on his immediate lessor or the person to whom he pays the rent under the
lease a notice in the prescribed form requiring such lessor or person to
inform him of the nature and duration of that lessor's reversion in the land
comprised in the lease or any part thereof and the name and address of the
immediately superior lessor, if any, of that lessor;

(b)on any person whom the person so entitled reasonably believes to be a
superior lessor or the agent of a superior lessor, a notice in the prescribed
form requiring such person to inform him whether such person or any person for
whom such person is agent has or has not any estate in the land or any part
thereof, the nature, tenure and duration of such estate, if any, and the names
and addresses of the persons having estates in the said land or any part
thereof immediately superior or immediately inferior to such estate.

(3) The information which any such person as is mentioned in paragraphs (a)
and (b) of subsection (2) is required to give under that subsection shall
include information, where such information is in the knowledge of the person,
whether there is a mortgage of the estate in the land of the immediate lessor
or of the superior lessor and, if so, what is the name and address of the
mortgagee under the mortgage.

(4) Where a mortgagee is in possession of an estate in the land or any part
thereof, being an estate in reversion expectant (whether immediately or not)
on the estate of the lessee, the lessee may serve a notice in the prescribed
form requiring the mortgagee to inform him

(a)of the nature and duration of the estate of his mortgagor; and

(b)of the name and address of the immediate lessor, if any, of his mortgagor.

(5) It shall be the duty of any person on whom a notice is served under this
section to furnish in writing within six weeks after the service of such
notice to the person by whom such notice was so served, the information asked
for by such notice so far as it is within the possession or procurement of
such person.

(6) Where a notice is served under this section and the person on whom such
notice is so served fails or neglects to furnish in writing, within the time
limited by this section, the information he is required by this section so to
furnish, the person by whom the notice was served may apply to the
Lands Tribunal and on the hearing of such application the Lands Tribunal may
make such order as it thinks necessary with a view to compelling such person
so to furnish such information and any such order may be enforced by mandamus.

(7) The foregoing provisions of this section shall not apply to a notice
served by or on the lessee more than five years before the date on which his
lease would determine by effluxion of time or could be brought to an end by
notice to quit served by the immediate lessor.

(8) Where a lessee to whom section 1 applies fails to apply for an extension
of his lease within the time specified in section 1(2) or (6), the
Lands Tribunal may, on such terms as the Tribunal thinks proper, extend such
time where it is satisfied that the failure was occasioned by disability,
mistake, absence from the United Kingdom, inability to obtain requisite
information or any other reasonable cause.

(9) Where an application is made by notice pursuant to section 2 for an
extension of a lease before the expiration of the lease under which the
applicant lessee holds (in this subsection referred to as the old lease), the
extension of the old lease shall commence on the date on which the old lease
would otherwise have expired; and where such an application is made after the
expiration of the old lease, the extension of the old lease shall for all
purposes be deemed to have commenced on the date on which the old lease
expired.

(10) Where an application is made by notice pursuant to section 2 for an
extension of a lease, then unless the application lapses under any provision
of this Act excluding the liability of the applicant lessee, there shall be
borne by him (so far as they are incurred in pursuance of the notice) the
reasonable costs of or incidental to any of the following matters:

(a)any investigation by the lessor of that person's right to an extended
lease;

(b)the execution of the extension of the lease;

(c)any valuation of land together with the buildings standing thereon obtained
by the lessor before the execution of the extension of the lease for the
purpose of fixing the rent payable under the extended lease in accordance with
section 18.

(11) A lessee shall not be entitled to require the execution of an extension
of the lease under this section otherwise than on tender of the amount, so far
as ascertained,

(a)of any sums payable by way of rent or recoverable as rent in respect of the
land up to the date of tender; and

(b)of any sums for which at that date the lessee is liable under subsection
(10); and

(c)of any other sums due and payable by him to the lessor under or in respect
of the lease or any agreement collateral thereto;

(12) Where an extension of a lease is executed for the purposes of this
section, and any mortgagee of the lessor's estate is by reason thereof
entitled to possession of the documents of title relating to that estate, the
lessor shall within six weeks after execution of the extension deliver to that
person a counterpart of it duly executed by the lessee, and the instrument
creating or evidencing the mortgage shall apply in the event of his failing
unreasonably to deliver a counterpart in accordance with this subsection as if
the obligation to do so were included in the terms of the mortgage as set out
in that instrument.

(13) Where an extended lease is subject to a subsisting mortgage of the
lessee's estate in the land, and at the time of the execution of the extension
the mortgagee is by reason of the mortgage entitled to possession of the
documents of title relating to the land, then he shall be similarly entitled
to possession of the documents of title relating to the extended lease and the
lessee shall within six weeks of the execution of the extension of the lease
deliver it to him, and the mortgage shall apply in the event of the lessee
failing unreasonably to deliver the lease in accordance with this subsection
as if the obligation to do so were included in the terms of the mortgage as
set out in that instrument.

(14) A lessor granting an extension of a lease under this section shall be
bound to take such steps as may be necessary to secure that it is not liable
to be defeated by persons interested in a mortgage of his estate; but a lessor
is not obliged, in order to grant an extension of a lease under this Act, to
acquire a better title than he has or could require to be vested in him.

(15) In this section "mortgagee in possession" includes a receiver, appointed
by the mortgagee or by a court of competent jurisdiction, who is in receipt of
the rents and profits, and the expression "his mortgagor" shall be construed
accordingly.

© 1971 Crown Copyright

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