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LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 - SECT 33

1944 c.3

33. In this Act

"business" includes

(a)a trade, profession or employment; and

(b)any activity carried out by a body of persons whether corporate or
unincorporate;

whether or not carried on for gain or reward; but land shall not be deemed to
be used for the purpose of business by reason only that the lessee carries on
the business of subletting any part of the permanent buildings on the land,
whether or not the provision of any services is undertaken in connection with
such subletting;

"development" has the meaning assigned to it by section 9 of the Planning
(Interim Development) Act (Northern Ireland) 1944;

"fee simple" does not include the estate in land of a person who holds the
land under a fee farm grant;

"ground rent" means a rent under a lease where

(a)the rent was created before 9th September 1951 and does not exceed
[one-tenth] of the net annual value of the land;

(b)the rent was created after 8th September 1951 [and does not exceed
one-quarter of the net annual value of the land];

"immediate lessor" means the person for the time being entitled to the next
superior estate in the land held by the lessee;

"interest in land" means any estate in land not being a fee simple;

"Lands Tribunal" means the Lands Tribunal for Northern Ireland;

"lease" means an instrument in writing, whether or not under seal, containing
a contract of tenancy in respect of land in consideration of a rent or return,
and includes a fee farm grant;

"lessee" means an individual who holds land under a lease and includes the
personal representatives and successors in title of a lessee and includes a
trustee where a beneficiary under the trust would be a person to whom
section 1 applies if he were a lessee;

"lessor" includes the personal representatives and successors in title of a
lessor;

"Ministry" means the Ministry of Home Affairs;

"mortgage" includes any charge on any property for securing money or money's
worth; and mortgage money means money, or money's worth, secured by a
mortgage; and mortgagor includes any person from time to time deriving title
under the original mortgagor, or entitled to redeem a mortgage, according to
his estate, interest, or right, in the mortgaged property; and mortgagee
includes any person from time to time deriving title under the original
mortgagee; and "mortgagor" and "mortgagee" shall be construed accordingly;

"superior lessor" means a person entitled to an estate in land held by a
lessee which is superior to the estate of the person from whom the lessee
holds the land.



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© 1971 Crown Copyright

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