BAILII [Home] [Databases] [World Law] [Search] [Feedback]

Northern Irish Legislation

You are here:  BAILII >> Databases >> Northern Irish Legislation >> LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 - SECT 4

Provisions in relation to parties to conveyance of fee simple.

4.(1) For the purpose of securing the joinder of all necessary parties in the
conveyance of the fee simple in land to a person entitled to acquire it under
this Act, and, accordingly, for the purpose of effectively serving any notice
under section 2, that person 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, the amount, if any, paid by that
lessor to any other person for the collection of the rent reserved by the
lease, 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.

(2) The information which any such person as is mentioned in paragraphs (a)
and (b) of subsection (1) 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.

(3) 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 person entitled to acquire the fee simple under this Act
that person 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.

(4) 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.

(5) 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.

(6) 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.


[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

© 1971 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/laeai1971488/s4.html