LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971

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LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 - SECT 19

1965 c.13

19.(1) Where the estate in reversion in the land of the lessor under a lease
to which this Act applies is an estate of freehold or is for a term of not
less than fifteen years the lessor may, not later than twelve months after the
date on which a notice is served under section 2, apply to the Lands Tribunal
for an order that he may resume possession of the land on the expiry of the
lease on any one or more of the following grounds

(a)if the lessor's estate was purchased or created before 30th July 1967, that
the land is reasonably required by him for the purpose of occupying the
buildings thereon as his sole or principal residence or as the sole or
principal residence of an adult member of the lessor's family or, where the
lessor is a trustee, the land is so required in respect of a beneficiary under
the trust or of an adult member of the family of such a beneficiary, and for
the purposes of this paragraph references to the family of a person means

(i)the spouse of that person;

(ii)a child, adopted child or stepchild (whether such child or stepchild be
legitimate or not) of that person who has attained the age of eighteen years;

<(iii)a son-in-law or daughter-in-law of that person;


<(iv)a parent or parent-in-law of that person;


(b)that he bona fide proposes, or has agreed, to pull down and rebuild or to
reconstruct the whole or a substantial portion of the buildings on the land
comprised in the lease;

(c)that he requires vacant possession of such land for the purpose of carrying
out a scheme of development of property which includes such land,

(2) Where a notice of intention to acquire the fee simple in land is served
under section 2 and the lessor of the land, or the owner of any estate in the
land superior to that of the lessor, is a body to which this subsection
applies, the body may apply to the Minister of Development for a certificate
that it is not in the public interest that the fee simple in the land be
acquired, and, if the Minister so certifies and the body sends to the lessee a
copy of that certificate within six weeks of the date of the service of the
notice, the right of the lessee to acquire the fee simple in the land shall
determine and be extinguished.

(3) Subsection (2) applies to

(a)any local authority, that is to say the council of a county or of a county
or other borough or of an urban or rural district;

(b)a new town Commission established under the New Towns Act (Northern
Ireland) 1965;

[(c)the Northern Ireland Housing Executive;]

(d)a body designated as such for the purposes of subsection (2) by the
Ministry of Development by order made subject to affirmative resolution.

(4) Where an order has been made under subsection (1) the right of the lessee
of the land to obtain an extension of his lease or to acquire the fee simple
in the land shall determine and be extinguished but the lessee shall be
entitled to be paid compensation under section 20.

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Northern Irish Legislation

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 - SECT 19