The Business Tenancies (Northern Ireland) Order 1996

1. Introductory Text

2. Introductory

   1. 1. Title and commencement

   2. 2. Interpretation

3. Application of the Order

   1. 3. Tenancies to which this Order applies

   2. 4. Tenancies to which this Order does not apply

4. Continuation, and termination or renewal, of tenancies

   1. 5. Continuation of tenancies to which this Order applies until terminated in accordance with this Order

   2. 6. Termination of tenancy by the landlord

   3. 7. Request by tenant for a new tenancy

   4. 8. Further provisions for the termination of tenancies to which this Order applies

   5. 9. Agreements for future tenancies

5. Application to the Lands Tribunal

   1. 10. Tenancy application by landlord or tenant

   2. 11. Interim continuation of tenancies pending determination by the Lands Tribunal

   3. 12. Opposition by landlord to new tenancy

   4. 13. Provisions supplemental to Article 12

   5. 14. Consequences where landlord successfully opposes

   6. 15. Power of Lands Tribunal to order the grant of a new tenancy

   7. 16. Property to be comprised in new tenancy

   8. 17. Duration of new tenancy

   9. 18. Rent under new tenancy

   10. 19. Other terms of new tenancy

   11. 20. Carrying out of order for new tenancy

   12. 21. Compensation for landlord where tenant withdraws, etc., application or rejects new tenancy

   13. 22. Powers of Lands Tribunal where landlord cannot be found or is under a disability

   14. 23. Compensation where order for new tenancy is opposed on certain grounds

6. Miscellaneous provisions about tenancies

   1. 24. Restrictions on agreements excluding provisions of this Order

   2. 25. Agreements to surrender tenancies

   3. 26. Restrictions on alienation or improvements

7. Supplemental

   1. 27. Compensation for misrepresentation etc., or landlord’s failure to fulfil intentions

   2. 28. Penalties for fraud or the wilful concealment of material facts

   3. 29. Duty of tenants and landlords of business premises to give information to each other

   4. 30. Trusts

   5. 31. Groups of companies

   6. 32. Partnerships

   7. 33. Provisions as to reversions

   8. 34. Provision as to overholding

   9. 35. Mesne landlords

   10. 36. Mortgagees in possession

   11. 37. Determination of tenancies of derelict land

   12. 38. Application of capital money under the Settled Land Acts

   13. 39. Protection of landlords in fiduciary capacities

   14. 40. Provisions as to notices

   15. 41. Service of notices, etc.

   16. 42. Enforcement of orders of Lands Tribunal

   17. 43. The Crown

   18. 44. Transitional provisions and savings, amendments and repeals

8. Signature

9. SCHEDULES

   1. SCHEDULE 1

      PROVISIONS FOR THE PURPOSES OF THIS ORDER WHERE SEVERAL PERSONS STAND IN RELATION OF LANDLORD AND TENANT

      1. Definitions

         1. 1. In this Schedule the following expressions have the meanings hereby...

      2. Acts of competent landlords binding on other landlords

         1. 2. (1) Any notice to determine served by the competent landlord...

      3. Provisions as to consent of mesne landlord to acts of competent landlord

         1. 3. (1) If the competent landlord, not being the immediate landlord,...

      4. Consent of superior landlord required for agreements affecting his interest

         1. 4. An agreement between the competent landlord and the tenant made...

   2. SCHEDULE 2

      TRANSITIONAL PROVISIONS AND SAVINGS

      1. Interpretation

         1. 1. In this Schedule— “the Act of 1964” means the Business...

      2. Transitional provisions

         1. 2. Where before the commencement a tenancy was terminated by the...

         2. 3. Where, before the commencement,— (a) the landlord served a notice...

         3. 4. For the purposes of this Order, a notice served by...

         4. 5. For the purposes of Article 23 the qualifying period may...

         5. 6. Where, before the commencement, an agreement had been made to...

         6. 7. Articles 2.5 and 26 shall apply only to tenancies entered...

         7. 8. Article 27(2) shall not have effect where the tenant quit...

         8. 9. Nothing in Article 29 shall apply to a notice under...

         9. 10. (1) Notwithstanding the repeal by this Order of the Act...

      3. Savings

         1. 11. Nothing in the Act of 1964 or this Order affects...

         2. 12. Nothing in this Order affects the operation of the Planning...

   3. SCHEDULE 3

      AMENDMENTS

      1. The Land Acquisition and Compensation (Northern Ireland) Order 1973 (NI 21)

         1. 1. In Article 37(4) for “section 19 of the Business Tenancies...

      2. The Housing (Northern Ireland) Order 1983 (NI 15)

         1. 2. In Schedule 2, in paragraph 8, for “Part I of...

   4. SCHEDULE 4

      REPEALS

10. Explanatory Note