LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 - SECT 8 Notice of intention to have rent apportioned.

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LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 - SECT 8

Notice of intention to have rent apportioned.

8.(1) Where a person who is entitled to acquire under this Act the fee simple
in land held by him under a lease has served a notice under section 2 of his
intention to acquire that fee simple, every lessee shall be entitled to have
the rent payable by him in respect of the land and any other land held under
the same lease apportioned under this Act between the land the fee simple in
which is to be acquired and the other land.

(2) Where land demised by a lease is held by more than one person each of whom
is a person to whom section 1 applies and the rent reserved by the lease is
being paid to the lessor by one only of the persons, that person shall be
entitled to have the rent apportioned between the part of the land held by him
and the part of the land held by each such other person who is liable for the
payment of part of the rent to the person so entitled.

(3) Where a rent reserved by a lease is apportioned under this Act between
different parts of the land demised by the lease

(a)any such part shall be subject to the payment to the lessor only of the
portion of the rent apportioned in respect thereof and shall not be subject to
the payment to any other person of any portion of the rent; and

(b)any such part shall be subject only to the performance and observance of
the covenants and conditions contained in the lease in so far as they are
applicable to that part and not otherwise, in the same manner as if that part
only were demised by the lease subject to the apportioned rent and subject to
the performance and observance of the covenants and conditions aforesaid.

(4) Where a rent reserved by a lease is apportioned under this Act

(a)a fine, or payment in the nature of a fine, shall not be charged or payable
for or in respect of the apportionment;

(b)the total of the rents payable as a result of the apportionment shall not
exceed the amount of the rent reserved by the lease together with the
estimated additional cost, if any, attributable to the apportionment, of
collecting the apportioned rents;

(c)the estimated additional cost, if any, attributable to the apportionment,
of collecting the apportioned rents shall be determined at the time of the
apportionment and shall be included in the apportioned rent payable by the
person by whom the notice under section 9 relating to the lease was served.

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Northern Irish Legislation

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 - SECT 8