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

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
LONG TITLE

An Act to enable lessees of certain premises held on long leases
to purchase the fee simple interest in the land, to enable grantees
of certain fee farm grants to redeem their fee farm rents, to
enable such lessees to obtain an extension of their leases, and for
matters connected with those matters.
[18th March 1971]
General right to acquire fee simple or to obtain extension of
lease.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 1

1.(1) A person who, as respects any land, is a person to whom
this section applies, shall, subject to the provisions of this Act,
have the right as incident to his existing estate in the land

(a)to enlarge that estate into a fee simple, and for that purpose
to acquire by purchase the fee simple in the land and any
intermediate estates therein;

(b)to obtain an extension of his leasehold estate in the land on
one occasion only for a term of not more than fifty years.

(2) The right referred to in subsection (1) may be exercised,
subject to subsections (5) and (6),

(a)for the purpose of enlarging a leasehold estate in land into a
fee simple, at any time prior to the expiry of the lease under
which the land is held for the time being, or the expiration of
three months from the service on the lessee by his immediate lessor
or any superior lessor of notice of the expiry of that lease,
whichever is the later; but that right shall not be capable of
being exercised during the period of an extension of the leasehold
estate granted by reason of this Act;

(b)for the purpose of obtaining an extension of a leasehold estate
in the land, at any time not earlier than five years before the
expiry of the lease, and not later than the date of the expiry of
the lease or the expiration of three months from the service on
the lessee by his immediate lessor or any superior lessor of notice
of the expiry of that lease, whichever is the later; and that
notice shall be a valid notice only if it is served not earlier
than five years before the date of the expiry of the lease.

(3) Subject to subsections (4) and (6), this section applies to
every person where

(a)the person is a lessee who holds land under a lease first
granted for more than twenty-one years; and

(b)the land does not exceed one hectare or two acres, one rood and
one thousand and seventy square yards; and

(c)there are buildings on the land; and

(d)so much of the land as is not covered by the buildings is
subsidiary and ancillary to the land which is covered by the
buildings; and

(e)the person occupies the buildings in whole or in part by virtue
of the lease as his sole or principal residence and is not by
reason of such occupation in breach of a covenant in the lease;
and

(f)if the lease will expire within fifty years of the date on
which the lessee serves notice upon his immediate lessor under
section 2, the lessee has been on that date a person qualified
under paragraph (e) for the period of five years, or for periods
amounting to five years in the period of ten years, ending on that
date; and for the purposes of this paragraph a lessee shall be
deemed to be so qualified if he occupied the buildings in whole or
in part as his sole or principal residence for such period or
periods in his capacity as a member of the family of his
predecessor in title, that is to say, as

(i)the spouse of the predecessor in title;

(ii)the child, adopted child or stepchild (whether such child or
stepchild be legitimate or not) of the predecessor in title or of
his spouse;

<(iii)the son-in-law or daughter-in-law of the predecessor in title or of his spouse;

<(iv)the parent or parent-in-law of the predecessor in title or of his spouse; and

(g)the rent reserved by the lease does not exceed a ground rent.

(4) This section shall not apply to persons who hold land under
the following leases

(a)a lease of land which is used for the purposes of a business
unless the buildings on the land are used in whole or in part as
the lessee's sole or principal residence;

(b)a lease of land where the buildings on the land are divided
into more than three separate and self-contained flats, that is to
say, four or more suites of rooms each of which suites forms
within itself a complete residence irrespective of whether the rooms
in each suite are or are not all on the same floor, being a
lease which contains provisions enabling the amount of the rent
reserved by the lease to be altered within twenty-one years from
the commencement of the lease;

(c)a lease of land containing a covenant, condition or agreement by
the lessee to erect a building or buildings or carry out
development on the land where the covenant, condition or agreement
has not been complied with;

(d)a lease of agricultural land, including farm houses and farm
buildings;

(e)a mining lease;

(f)a lease made either in consideration of, or stated to be
dependent on, the continuance of the lessee in any office,
employment or appointment;

(g)a lease granted in breach of any prohibition against the granting
thereof contained in any other lease or agreement.

[(h)a lease of land granted by the Northern Ireland Housing
Executive or a housing association registered under the Housing
(Northern Ireland) Order 1981 and declared for the purposes of this
section to be an equity-sharing lease within the meaning of Article
31(6)(a) of that Order.]

(5) Where a notice of expiry of a lease has not been served on
the lessee, references in subsection (2) to the service of such a
notice includes references to the institution against the lessee of
proceedings for the recovery of possession of the land by reason of
such expiry.

Subs.(6) spent

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 2
Conveyance of fee simple.

2.(1) Where a person proposes to acquire the fee simple in the
land or an extension of his leasehold estate in the land by virtue
of this Act he shall serve a notice in the prescribed form upon
each of the following persons who can be found and ascertained,
that is to say,

(a)the person who is for the time being entitled to the next
superior estate in the land; and

(b)every person (if there be any such person) who is, in relation
to the land, a superior lessor of the person so proposing; and

(c)every mortgagee of the land (if there be any such person); and

(d)every owner of any other incumbrance affecting the land (if there
be any such person).

(2) It shall be a sufficient compliance with subsection (1)(a) if
the notice is served on the person to whom the rent under the
lease is paid.

(3) Where for any reason whatsoever a notice served under subsection
(1) is defective, the Lands Tribunal may allow the person who
served the defective notice to serve an amended notice within such
time and subject to such order as to costs as the Tribunal may
determine.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 3
Notice requiring information.

3.(1) Where, in relation to land the fee simple in which is
proposed to be acquired by a person under this Act, a notice under
section 2 is served, the person by whom it is served and every
person upon whom it is served shall take every necessary step which
is within his power to take to effect a conveyance free from
incumbrances of the fee simple and any intermediate estates in the
land to the person proposing to acquire the fee simple.

(2) In subsection (1) and section 14 "incumbrances" does not include
a mortgage of the estate of the person proposing to acquire the
fee simple, and, upon conveyance of the fee simple in land to a
person who is acquiring the fee simple therein under this Act the
fee simple estate shall be a graft for all purposes on the
leasehold estate of the person so acquiring the fee simple and his
estate in fee simple shall be subject to any rights or equities
arising from the fee simple being such a graft, and, in particular,
any undischarged mortgage of that leasehold estate shall attach to,
and be enforceable against, the fee simple so acquired.

(3) Where by reason of subsection (2) the fee simple in land is
subject to a mortgage, and at the time of the execution of the
conveyance of the fee simple the mortgagee is by reason of the
mortgage entitled to possession of the documents of title relating
to the land, then he shall be similarly entitled to possession of
the documents of title relating to the fee simple and the grantee
of the fee simple shall within six weeks of the execution of the
conveyance of the fee simple deliver it to him, and the mortgage
shall apply in the event of the grantee failing unreasonably to
deliver the conveyance in accordance with this subsection as if the
obligation to do so were included in the terms of the mortgage as
set out in that instrument.

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.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 5
1961 c.15

5.(1) Where a person who is required by this Act to convey or
join in the conveyance of the fee simple in land is, by reason of
having a fiduciary capacity or a limited estate or by reason of
restrictive covenants in the lease under which he holds, incapable
in law of conveying or joining in, (as the case may be) the
conveyance of the fee simple, the Lands Tribunal may, on the
application of any person concerned, empower the person so required
to convey or join in conveying (as the case may be) the fee
simple.

(2) Where a person who is required by this Act to convey or join
in conveying the fee simple in land is a minor or is unknown or
unascertained or refuses or fails to execute such conveyance, the
Lands Tribunal may, on the application of any person concerned,
appoint an officer of the Tribunal to execute such conveyance for
and in the name of the person so required and thereupon the
execution of such conveyance by such officer for and in the name
of such person shall for all purposes be as effectual as the
execution thereof by such person and as if, where such person is
under any disability, he were not under that disability.

(3) Where any person who is required by this Act to convey or
join in conveying the fee simple in land is unknown or
unascertained, the Lands Tribunal may, on the application of the
person entitled under this Act to acquire the fee simple, appoint
any person who is receiving the rent in respect of the interest in
the land of the person so entitled, or such other person as the
Tribunal may think fit to appoint, to represent such unknown or
unascertained person in all proceedings in connection with the
conveyance of the fee simple in the land, and may, at the same
time or subsequently, appoint an officer of the Tribunal to execute
such conveyance for and on behalf of the person so required and
unknown or unascertained and thereupon the execution of such
conveyance by such officer for and on behalf of such person shall
for all purposes be as effectual as the execution thereof by such
unknown or unascertained person.

(4) Where a person who is required by this Act to convey or join
in conveying the fee simple in the land is incapable by reason of
mental disorder within the meaning of the Mental Health Act
(Northern Ireland) 1961 of managing and administering his property
and affairs, the committee, receiver or guardian appointed in his
case under the Lunacy Regulation (Ireland) Act 1871 (or in default
of the appointment of a committee, receiver or guardian, the [Master
(Care and Protection)]) shall take the place for the purposes of
this Act of the person so incapable and may, notwithstanding any
statutory provision or rule of law to the contrary, fully and
effectively convey or join in conveying the fee simple.

(5) Where under subsection (2) or (3) the Lands Tribunal appoints a
person to execute, or join in the execution of, a conveyance of
the fee simple in land for and in the name of or for and on
behalf of any person, the Tribunal may order that the purchase
money payable to that person in consideration of the conveyance of
his estate in the land be paid into the Supreme Court before the
execution of the conveyance and, upon such payment, any estate,
right or interest in or claim against the land of that person
existing at the time of such payment shall be transferred and shall
attach to the money and the Court may make such order, or give
such direction, for the disbursement and distribution of the money
(including money remaining unclaimed) and any interest or dividends
thereon, as it may deem proper.

(6) Where a person upon whom a notice under section 2 in relation
to land is required to be served cannot be found or ascertained,
the person shall be deemed, for the purposes of this section, to
be a person who is required by this Act to convey or join in
conveying the fee simple in the land.

(7) A power conferred on the Lands Tribunal by this section or by
section 11 shall be exercised in relation to a minor who is a
ward of court only by leave of [the High Court], and for the
purpose of obtaining such leave the Tribunal shall furnish to [the
High Court] all such information which the Tribunal considers to be
relevant and such further information as [the High Court] may
require.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 6
Power to discontinue acquisition of fee simple or grant of extension
of lease.

6. A person (in this section referred to as the applicant) who
proposes to acquire the fee simple in land by virtue of this Act
shall be liable for the payment of the reasonable costs and
expenses actually and necessarily incurred in complying with the
provisions of this Act by a person upon whom a notice under
section 2 or 4 in relation to the land has been served but, if a
notice under section 7 in relation to the land is served on the
person upon whom the notice under section 2 was served, the
applicant shall be liable only for the payment of any such costs
or expenses incurred by that last-mentioned person prior to the
service of the notice under section 7.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 7
General right to apportionment of rent.

7. Where a notice under section 2 in relation to land is served
by a person, that person may, at any time before conveyance to him
of the fee simple in the land or, as the case may be, the grant
to him of an extension of his leasehold estate in the land,
discontinue the acquisition of the fee simple or the obtaining of
such a grant by serving a notice in the prescribed form upon each
person upon whom a notice under the said section 2 was served
stating that he is withdrawing the said notice and does not intend
to acquire the fee simple in the land or, as the case may
require, to obtain the grant of an extension of such leasehold
estate.

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.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 9
Apportionment of rent.

9. A person who proposes to have a rent reserved by a lease
apportioned under this Act shall serve a notice in the prescribed
form upon each of the following persons who can be found and
ascertained, that is to say, the person to whom the rent is
payable and any other person who holds any of the land demised by
the lease as lessee.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 10
Provisions in relation to parties to apportionment of rent.

10. Where, in relation to a rent which is proposed to be
apportioned under this Act, a notice under section 9 is served, the
person by whom it is served and every person upon whom such a
notice is served shall, without unreasonable delay, take all
necessary steps to effect an apportionment of the rent to which the
notice relates.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 11
1961 c.15

11.(1) Where a person who is required by this Act to join in the
apportionment of a rent is, by reason of having a fiduciary
capacity or a limited estate or by reason of restrictive covenants
in the lease under which he holds, incapable in law of joining in
the apportionment, the Lands Tribunal may, on the application of any
person concerned, empower the person so required to join in the
apportionment.

(2) Where a person who is required by this Act to join in the
apportionment of a rent is a minor or is unknown or unascertained
or refuses or fails to execute any relevant document, the Lands
Tribunal may, on the application of any person concerned, appoint an
officer of the Tribunal to execute such document for and in the
name of the person so required and thereupon the execution of such
document by such officer for and in the name of such person shall
for all purposes be as effectual as the execution thereof by such
person and as if, where such person is under any disability, he
were not under that disability.

(3) Where any person who is required by this Act to join in the
apportionment of a rent is unknown or unascertained, the Lands
Tribunal may, on the application of the person seeking the
apportionment, appoint any person who is receiving the rent in
respect of the estate in the land of the person making the
application, or such other person as the Tribunal may think fit to
appoint, to represent such unknown or unascertained person in all
proceedings in connection with the apportionment, and may, at the
same time or subsequently, appoint an officer of the Tribunal to
execute any relevant document for and on behalf of the person so
required and unknown or unascertained, and thereupon the execution of
such document by such officer for and on behalf of such person
shall for all purposes be as effectual as the execution thereof by
such unknown or unascertained person.

(4) Where a person who is required by this Act to join in the
apportionment of a rent is incapable by reason of mental disorder
within the meaning of the Mental Health Act (Northern Ireland) 1961
of managing and administering his property and affairs, the
committee, receiver or guardian appointed in his case under the
Lunacy Regulation (Ireland) Act 1871 (or in default of the
appointment of a committee, receiver or guardian, the [Master (Care
and Protection)]) shall for the purposes of this Act take the place
of the person so incapable and may, notwithstanding any statutory
provision or rule of law to the contrary, fully and effectively
join in the apportionment and for that purpose execute any relevant
document.

(5) Where a person upon whom a notice under section 9 in relation
to rent is required to be served cannot be found or ascertained,
the person shall be deemed, for the purposes of this section, to
be a person who is required by this Act to join in the
apportionment of the rent.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 12
Right to discontinue application for apportionment of rent.

12. A person (in this section referred to as the applicant) who
proposes to have a rent apportioned under this Act shall be liable
for the payment of the reasonable costs and expenses actually and
necessarily incurred in complying with the provisions of this Act by
a person upon whom a notice under section 9 in relation to the
rent has been served, but if a notice under section 13 in relation
to the rent is served upon the person, the applicant shall be
liable only for the payment of any such costs or expenses incurred
by the person prior to the service of the notice under section 13.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 13
Determination of purchase price of fee simple.

13. Where a notice under section 9 in relation to a rent is
served by a person, the person may, at any time before the
apportionment of the rent, discontinue the application for the
apportionment by serving a notice in the prescribed form upon each
person upon whom a notice under the said section 9 was served
stating that he is withdrawing the said notice and does not intend
to have the rent apportioned.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 14
1981 NI 5

14.(1) Subject to [subsections (2) and (3)], the purchase price of
the fee simple being acquired under this Act shall be the amount
which, at the date on which the notice is served under section 2,
the land, if sold in the open market by a willing seller (with
the lessee in possession not buying or seeking to buy), might be
expected to realise on the following assumptions

(a)on the assumption that the vendor was selling for an estate in
fee simple, subject to the lease of the lessee in possession but
on the assumption that this Act conferred no right to acquire the
fee simple, and if that lease has not been extended under this
Act, on the assumption that (subject to the lessor's rights under
section 19) it was to be so extended;

(b)on the assumption that (subject to paragraph (a) above) the
vendor was selling subject, in respect of rent-charges and other
rents, to the same annual charge as the conveyance to the lessee
is to be subject to, but the purchaser would otherwise be
effectively exonerated until the termination of the lease from any
liability or charge in respect of incumbrances; and

(c)on the assumption that (subject to paragraphs (a) and (b) above)
the vendor was selling with and subject to the rights and burdens
with and subject to which the conveyance to the lessee is to be
made.

(2) The price payable for the land shall be subject to such
deduction, if any, in respect of any defect in the title to be
conveyed to the lessee as on a sale in the open market might be
expected to be allowed between a willing seller and a willing
buyer.

[(3) Where

(a)the notice is served under section 2 after the commencement of
the Leasehold (Enlargement and Extension) Amendment (Northern Ireland)
Order 1981; or

(b)the notice was served before that commencement but the price had
not been determined (by agreement or otherwise) by then,

(i)a transaction on or after 15th February 1979 involving the
creation or transfer of an interest superior to (whether or not
preceding) the lessee's; or

(ii)an alteration since that date of the terms on which such an
interest is held.]

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 15
Discharge of mortgages on lessor's estate.

15.(1) Where a person serves a notice under section 2 in respect
of a lease which is not held immediately of the owner of the fee
simple in the land comprised in the lease, the rights and duties
of the lessor under this Act shall, in so far as their estates in
the land are affected, be the rights and duties respectively of the
lessor and every superior lessor, and for the purpose of carrying
on any proceedings for the purposes of this Act, the lessor and
all of the superior lessors shall be represented by one only of
them, in this section referred to as "the reversioner", and the
lessors other than the reversioner are referred to as "the other
lessors".

(2) Where there is a lease reversionary on a lease in respect of
which a person serves a notice under section 2, then (except in so
far as special provision is made for such a reversionary lease)
this section shall have effect as if the reversionary lease were a
concurrent lease intermediate between the lease of the lessee in
possession and any estate superior to that last-mentioned lease.

(3) In default of agreement between the lessors, the reversioner
shall be the immediate lessor if the estate of that lessor has an
expectation in possession of thirty years or more, and if that
estate has not such an expectation, the reversioner shall be the
next superior lessor whose estate has such an expectation, and if
he acts in good faith and with reasonable care and diligence, the
reversioner shall not be liable to any of the other lessors for
any loss or damage caused by any act or omission in the exercise
or intended exercise of his functions under this section.

(4) Notwithstanding anything in subsection (1), any of the other
lessors shall be entitled, if he so desires, to be separately
represented in any proceedings in which his title to any property
comes in question, or in any proceedings relating to the price
payable for the land under section 14.

(5) For the purpose of deducing, evidencing or verifying his title
to any property, any of the other lessors, on giving written notice
to the reversioner and to the lessee, may deal directly with the
lessee, if he objects to disclosing his title to the reversioner,
and he shall deal directly with the lessee if the lessee by
written notice given to him and to the reversioner so requires.

(6) For the purpose of agreeing the price payable for his estate
under section 14, any of the other lessors, on giving written
notice to the reversioner and to the lessee, may deal directly with
the lessee; and whether he does that or not, he may require the
reversioner to apply to the Lands Tribunal for the price to be
determined by the Lands Tribunal.

(7) Any of the other lessors shall be entitled to require that the
price payable for his estate (or so much of it as is payable to
him) shall be paid by the lessee to him or to a person authorised
by him to receive it, instead of to the reversioner; but if, after
being given proper notice of the time and place fixed for
completion with the lessee, neither he nor a person so authorised
attends to receive payment, and he has not made, and notified the
reversioner of other arrangements with the claimant to receive
payment, the reversioner shall be authorised to receive it for him
and the reversioner's written receipt for the amount payable shall
be a complete discharge to the lessee.

(8) It shall be the duty of each of the other lessors

(a)subject to subsections (5) and (6), to give the reversioner all
such information and assistance as he may reasonably require; and

(b)after being given proper notice of the time and place fixed for
completion with the lessee (if the lessee is acquiring the fee
simple), to ensure that all deeds and other documents that ought on
his part to be delivered to the lessee on completion are available
for the purpose of perfecting the lessee's title;

(9) Each of the other lessors shall make such contribution as may
be just to the costs and expenses incurred by the reversioner and
not recoverable or not recovered from the lessee.

(10) The authority given by this section to the reversioner shall
not extend to the bringing of proceedings under section 19 on
behalf of any of the other lessors, or preclude any of the other
lessors from bringing proceedings under that section on his own
behalf; and (without prejudice to subsection (2)) a person entitled
to a lease reversionary on the lease in possession may make an
application under section 19 as lessor.

(11) Where a conveyance of the fee simple is executed for the
purposes of this Act

(a)a separate price shall be payable in accordance with section 14
for each of the estates superior to the lease in possession, and
that section shall apply to the computation of that price with such
modifications as are appropriate to relate it to a sale of the
estate in question subject to any estates intermediate between that
estate and the lease in possession, together with lessee's
incumbrances relative to those estates; and

(b)section 16 shall apply separately to the price payable for each
estate.

(12) For purposes of this section and section 17 the expectation of
possession carried by a lease is the expectation which it carries
of possession after the lease in possession at the date on which
notice under section 2 is served, on the basis that

(a)the lease in possession terminates at that date if its term date
fell before then, or else terminates at its term date or (in the
case of a lease which has been extended) its original term date;
and

(b)a lease other than the lease in possession terminates at its
term date, so, however, that where before the date on which the
notice is served under section 2 the immediate lessor had given to
the lessee in possession notice to quit terminating the lease at a
date earlier than the term date, the date specified in the notice
to quit shall be substituted for the date in paragraph (a).

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 16
General provisions in relation to extension of leases.

16.(1) A conveyance of the fee simple for the purposes of this Act
shall be effective to discharge any mortgage of the lessor's estate
in the land so conveyed (not being a mortgage subject to which the
conveyance is required to be made) together with any order for the
enforcement of the mortgage, and to extinguish any term of years
created for the purpose of the mortgage, without the mortgagee being
a party to or executing the conveyance.

(2) Where a mortgage is discharged by virtue of the operation of
subsection (1), the lessee to whom the fee simple is conveyed shall
in the first instance pay the purchase price to the mortgagee under
the mortgage in satisfaction of the mortgage debt and the mortgagee
shall deal with the purchase price so paid, and account to the
mortgagor therefor, as if the price were the proceeds of a
mortgagee's power of sale for the enforcement of the mortgage and
if the purchase price is not so paid to the mortgagee by the
lessee the land shall remain subject to the mortgage, and to that
extent subsection (1) shall not apply.

(3) Where by virtue of this section land is discharged from a
mortgage and the obligations secured by the mortgage are not
satisfied by the payment of the purchase price, or of part thereof,
the discharge shall be without prejudice to any right or remedy for
the enforcement of those obligations against other property comprised
in the same or any other security, and to any personal liability
as principal or otherwise of the mortgagor or of any other person.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 17
Terms of extension of lease.

17.(1) Where the reversion immediately expectant on the expiration of
a lease is less than the term for which an extension of the lease
is to be granted, the immediate lessor and the owners of such
estates in the land, if any, as are superior to that of the
immediate lessor as may be necessary shall, on receiving a notice
under section 2 of a proposal to acquire an extended lease in
relation to the land, join in the grant of the extension of the
lease.

(2) For the purpose of securing the joinder of all necessary
parties in the grant of an extension of a lease, the lessee 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 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.

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

(4) 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 lessee, the lessee 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.

(5) 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.

(6) 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.

(7) The foregoing provisions of this section shall not apply to a
notice served by or on the lessee more than five years before the
date on which his lease would determine by effluxion of time or
could be brought to an end by notice to quit served by the
immediate lessor.

(8) Where a lessee to whom section 1 applies fails to apply for
an extension of his lease within the time specified in section 1(2)
or (6), the Lands Tribunal may, on such terms as the Tribunal
thinks proper, extend such time where it is satisfied that the
failure was occasioned by disability, mistake, absence from the
United Kingdom, inability to obtain requisite information or any
other reasonable cause.

(9) Where an application is made by notice pursuant to section 2
for an extension of a lease before the expiration of the lease
under which the applicant lessee holds (in this subsection referred
to as the old lease), the extension of the old lease shall
commence on the date on which the old lease would otherwise have
expired; and where such an application is made after the expiration
of the old lease, the extension of the old lease shall for all
purposes be deemed to have commenced on the date on which the old
lease expired.

(10) Where an application is made by notice pursuant to section 2
for an extension of a lease, then unless the application lapses
under any provision of this Act excluding the liability of the
applicant lessee, there shall be borne by him (so far as they are
incurred in pursuance of the notice) the reasonable costs of or
incidental to any of the following matters:

(a)any investigation by the lessor of that person's right to an
extended lease;

(b)the execution of the extension of the lease;

(c)any valuation of land together with the buildings standing thereon
obtained by the lessor before the execution of the extension of the
lease for the purpose of fixing the rent payable under the extended
lease in accordance with section 18.

(11) A lessee shall not be entitled to require the execution of an
extension of the lease under this section otherwise than on tender
of the amount, so far as ascertained,

(a)of any sums payable by way of rent or recoverable as rent in
respect of the land up to the date of tender; and

(b)of any sums for which at that date the lessee is liable under
subsection (10); and

(c)of any other sums due and payable by him to the lessor under
or in respect of the lease or any agreement collateral thereto;

(12) Where an extension of a lease is executed for the purposes of
this section, and any mortgagee of the lessor's estate is by reason
thereof entitled to possession of the documents of title relating to
that estate, the lessor shall within six weeks after execution of
the extension deliver to that person a counterpart of it duly
executed by the lessee, and the instrument creating or evidencing
the mortgage shall apply in the event of his failing unreasonably
to deliver a counterpart in accordance with this subsection as if
the obligation to do so were included in the terms of the mortgage
as set out in that instrument.

(13) Where an extended lease is subject to a subsisting mortgage of
the lessee's estate in the land, and at the time of the execution
of the extension the mortgagee is by reason of the mortgage
entitled to possession of the documents of title relating to the
land, then he shall be similarly entitled to possession of the
documents of title relating to the extended lease and the lessee
shall within six weeks of the execution of the extension of the
lease deliver it to him, and the mortgage shall apply in the event
of the lessee failing unreasonably to deliver the lease in
accordance with this subsection as if the obligation to do so were
included in the terms of the mortgage as set out in that
instrument.

(14) A lessor granting an extension of a lease under this section
shall be bound to take such steps as may be necessary to secure
that it is not liable to be defeated by persons interested in a
mortgage of his estate; but a lessor is not obliged, in order to
grant an extension of a lease under this Act, to acquire a better
title than he has or could require to be vested in him.

(15) 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.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 18
Restrictions on right to extension of lease or to acquire fee
simple.

18.(1) Where under the provisions of this Act a lease is extended,
the extension shall (subject to any terms, conditions or covenants
referred to in subsection (2)) be a graft for all purposes on and
a continuation of the old lease and, in particular, the estate of
the lessor and of the lessee under the extension of the lease
shall be subject to any undischarged mortgage of the estate of the
lessee which was entered into prior to the execution of the
extension and to any other rights or equities arising from the
extension being such a graft and continuation.

(2) The old lease shall be extended for such period not exceeding
fifty years and be subject to and contain such terms and conditions
as the parties may agree or the Lands Tribunal shall determine and,
in any case where the Tribunal fixes the covenants and conditions
of the extended lease, the lessee shall be made liable to pay all
rates and taxes in respect of the land (other than the lessor's
proportion of income tax) and to insure against fire and keep the
premises in repair.

(3) The rent shall be such sum as the parties shall agree upon or
such sum as the Lands Tribunal considers fair having regard to the
ground rents created in respect of similar land in the area in
which the land is situate within one year of the date of the
service of the notice under section 2, and if no such ground rents
have been so created, such sum as the Lands Tribunal considers to
be a fair modern ground rent; and the rent shall, if the lessor
so requires, be subject to revision twenty-five years after the date
on which the old lease would have expired, on such terms as the
parties may agree upon or as the Lands Tribunal shall determine in
accordance with the provisions of this subsection; and for the
purposes of this subsection, but not otherwise, "ground rent" means
the rent which a lessee might reasonably be expected to pay for
the land comprised in the extended lease, excluding any buildings
standing thereon, for the duration, or, as the case may be, the
remainder, of the extension.

(4) The Lands Tribunal may require an applicant for an extended
lease to expend, within such time as the Tribunal shall think
proper, a specified sum of money on repairs or to execute specified
repairs to the buildings on the land comprised in the lease and
may authorise the postponement of the execution of the extension of
the lease until the requirement has been complied with, and the
Tribunal shall also have power to extend the time on being
satisfied that there is reasonable cause for granting such extension;
and, if the applicant neglects or refuses to comply with the
requirement of the Tribunal within the specified or extended time,
the Tribunal shall have power to declare him to have forfeited his
right to an extended lease.

(5) In this section "old lease" has the meaning assigned to it by
section 17(9).

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.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 20
Application of capital money under Settled Land Acts.

20.(1) Where the Lands Tribunal is satisfied that a lessee would,
but for the provisions of section 19(1), be entitled to obtain an
extension of his leasehold estate in the land the subject of his
lease or to enlarge that estate into a fee simple, and an order
has been made under section 19(1) permitting the lessor to resume
possession of the land, then compensation shall be paid by the
immediate lessor to the lessee in accordance with this section.

(2) The amount of compensation payable to a lessee by virtue of an
order made under section 19(1) shall be the amount which, if the
said section 19(1) had not been enacted, the land, if sold in the
open market by a willing vendor, might at the date when the order
is to take effect be expected to realise, on the assumption that
the vendor was selling the leasehold estate, and was selling

(a)subject to the rights of any person who will on the
determination of the lease be entitled to retain possession as
against the immediate lessor, but otherwise with vacant possession;
and

(b)subject to any subsisting rights, equities or obligations which
will not terminate with the lease and for which during the currency
of the lease the lessee is liable without having a right to be
indemnified by the immediate lessor, but otherwise free of
incumbrances; and

(c)subject to any restriction which would be required (in addition
to any imposed by the terms of the lease) to limit the user of
the land to that to which it had been put since the commencement
of the lease and to preclude the erection on the land of any new
dwelling-house or any other building not ancillary to the buildings
on the land and used, in whole or in part, as a dwelling-house;

(3) The compensation payable to a lessee under this section shall
become due and payable on the occurrence of whichever of the
following events is the later, that is to say, the expiration of
one month after the amount of the compensation is fixed or on the
date on which the lessee's lease terminates either by effluxion of
time or by agreement between the parties to it.

(4) Where compensation is payable to a lessee under this section
and his estate in the land comprised in the lease is subject to a
mortgage the mortgage shall attach to the compensation and any
person who is liable to pay compensation and who has notice of the
mortgage shall pay the compensation in accordance with the joint
direction of the lessee and the mortgagee or, in default of such
direction, in accordance with the directions of the Lands Tribunal.

(5) Where compensation awarded by the Lands Tribunal under this
section is not paid within the time specified in subsection (3) or
within such extended time as the Tribunal may allow, the following
provisions shall have effect

(a)the lessee shall, notwithstanding section 19(4), be entitled to
obtain from the lessor an extension of his leasehold estate or to
obtain the grant to himself of the fee simple interest therein;

(b)the provisions of section 19(1) and (4) shall not apply to the
land;

(c)the granting of the extension of the lease or of the fee simple
shall operate as a discharge of the said award of compensation; and

(d)the Tribunal may make an order for the payment by the lessor of
such damages as the Tribunal considers proper for the loss which
the lessee has suffered as a direct consequence of the lessor
having obtained an order permitting him to resume possession of the
land.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 21
1882 c.38

21.(1) Capital money arising under the Settled Land Acts, 1882 to
1890, may be applied

(a)in payment of any sum payable to a person in respect of
compensation or damages awarded under section 20 and any costs,
charges and expenses payable in relation thereto; or

(b)in payment of any costs, charges and expenses incurred in or in
relation to making or opposing an application to the Lands Tribunal
under this Act.

(2) The payment of compensation or damages awarded under section 20
shall be included among the purposes for which a tenant for life
may raise money under section 18 of the Settled Land Act, 1882.

(3) Where a person liable to pay compensation under section 20 is
a tenant for life or in a fiduciary position he may require the
sum payable in respect of such compensation and any damages, costs,
charges and expenses payable in relation thereto to be paid out of
settled land or out of any capital money held on the same trusts
as the settled land.

(4) In this section "capital money" includes any personal estate
held on the same trusts as the land, and "settled land" includes
land held on trust for sale.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 22
Provisions as to persons under disability etc. who are bound to
grant extension of leases.

22. Where a lessee, who has the right under section 1 to obtain
an extension of his leasehold estate in land or to acquire the fee
simple in the land, has served a notice under section 2, the
lessee shall after the lease has expired be entitled to hold, as
tenant to his lessor, the land demised by the lease until either

(a)he is granted an extension of his lease; or

(b)the fee simple is conveyed to him; or

(c)the lessor obtains an order under section 19 permitting him to
resume possession of the land,

Determination of disputes by Lands Tribunal.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 23

23. Section 5 shall apply to the persons who are required by
section 17 to grant or join in granting an extended lease for the
purposes of this Act as if the references in that section to
persons required by this Act to convey or join in the conveyance
of the fee simple in land were references to persons who are
required by section 17 to grant or join in granting an extended
lease and as if references to the conveying of the fee simple
(howsoever expressed) were references to the grant or joining in the
grant of an extended lease.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 24
Assistance of Commissioner of Valuation to Lands Tribunal.

24.(1) If any dispute, question or difficulty arises in regard to
the acquisition of the fee simple or any other estate in land
under this Act, the purchase price thereof, the apportionment of a
rent under or for the purposes of this Act or the grant of an
extension of a lease under this Act, costs or expenses incurred
under this Act, compliance by a person with a provision of this
Act or any other matter arising under this Act, any person
concerned may apply to the Lands Tribunal to have the matter
determined.

(2) Without prejudice to the generality of subsection (1), the Lands
Tribunal may

(a)determine the person, if any, entitled to acquire the fee simple
in land under this Act;

(b)determine the purchase price to be paid in respect of the
acquisition;

(c)determine the person or persons entitled to receive the purchase
money in respect of the acquisition and the amount which each
person is entitled to receive;

(d)determine if a person is entitled to have a rent apportioned
under section 8;

(e)apportion (whether under the said section 8 or otherwise for the
purposes of this Act) any rent payable in respect of land part of
which is land the fee simple in which is being acquired under this
Act;

(f)determine the rent payable under an extended lease granted for
the purposes of this Act;

(g)determine any other matter which the Lands Tribunal is required
to determine under any provision of this Act.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 25
Provisions as to mortgages.

25.(1) Where any proceedings are being carried on before the Lands
Tribunal arising out of any matter which the Tribunal is required
or empowered to determine under this Act, the Tribunal may cause to
be sent to the Commissioner of Valuation a request for a valuation,
estimate or statement in respect of any matter relevant to the
determination of the purchase price of the fee simple in land under
this Act or to the apportionment of a rent under this Act or to
the fixing of the rent payable and any other term or condition
under a lease extended under this Act and any review of such
last-mentioned rent and, where the Tribunal so sends a request to
the Commissioner of Valuation, the Tribunal may adjourn the
proceedings.

(2) Upon receipt of a request under this section, the Commissioner
of Valuation shall cause such valuation, estimate or statement as is
mentioned in the request to be prepared and sent to the Tribunal
together with a statement of the fee, calculated in accordance with
regulations made by the Ministry of Finance, payable therefor.

(3) Any party to the proceedings shall be entitled to obtain from
the Commissioner of Valuation a copy of a valuation, estimate or
statement furnished by the Commissioner of Valuation in pursuance of
this section, subject to payment therefor of such fee as the
Ministry of Finance may prescribe.

(4) The fee payable under this section for a valuation, estimate or
statement furnished by the Commissioner of Valuation for the purposes
of this section shall be borne and paid to the Lands Tribunal by
such party or parties and in such proportion as it shall direct.

(5) Where a request is sent under this section in relation to land
to the Commissioner of Valuation, the Lands Tribunal shall, in
determining any matter in relation to which it is relevant, have
regard to the valuation, estimate or statement furnished by the said
Commissioner.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 26
Saving for National Trust.

26.(1) For the purposes of the application of sections 1, 11 and
17 to a person in relation to any land, the existence of a
mortgage of the estate of the person in that land shall be
disregarded.

(2) Where

(a)either before or after the commencement of this Act, a lessee
executes a mortgage by subdemise of the whole or part of the land
comprised in his lease, retaining a nominal reversion therein; and

(b)either before or after such commencement, the land comprised in
the subdemise is sold, whether under a statutory power or any other
power of sale, for the enforcement of the mortgage.

1907 c. cxxxvi

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 27

27. This Act shall not prejudice the operation of section 21 of
the National Trust Act 1907, and accordingly a person shall not be
entitled under this Act to acquire the fee simple in land if an
estate in the land is under that section vested inalienably in the
National Trust for Places of Historic Interest or Natural Beauty.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 28
Avoidance of certain contracts.

28. Where the fee simple in land demised by a lease containing a
covenant, condition or agreement which protects or enhances the
amenities of any land occupied by the owner of the lessor's estate
in the land or relates to the performance of a duty imposed by
statute on such owner or to a right of way or other easement
over, or appurtenant to, the land demised by the lease or a right
of drainage or other right necessary to secure or assist the
development of land other than the land demised by the lease is
acquired under this Act, the covenant, condition or agreement shall,
notwithstanding anything contained in this Act, continue in full
force and effect and shall be enforceable, in the case of a
covenant, condition or agreement which does not relate to a right
of way, or other easement, or right of drainage or other right
aforesaid, by such owner or his personal representatives or
successors in title as if the acquisition had not occurred and, in
the case of a covenant, condition or agreement which does so
relate, by any person aggrieved by the breach thereof.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 29
Exclusion of operation of Business Tenancies Act (Northern Ireland)
1964.

29.(1) Subject to subsection (2), so much of any contract made
after the commencement of this Act as provides that any provision
of this Act shall not apply in relation to a person or that the
application of any such provision shall be varied, modified or
restricted in any way in relation to a person shall be void.

(2) Nothing in this Act shall prevent a person from giving or
accepting, for the purpose of the acquisition of the fee simple or
other estate in land under this Act, or the apportionment of a
rent under this Act, a lesser estate than a fee simple, or any
other estate in land than the estate which a purchaser is, in the
absence of any stipulation to the contrary in the contract, entitled
to require.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 30
Offences.

30. If a tenant under a tenancy to which Part I of the Business
Tenancies Act (Northern Ireland) 1964 applies is

(a)a lessee to whom section 1 of this Act applies; or

(b)a lessee to whom an extended lease has been granted under this
Act,

1979 NI19

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 31

31.(1) Any person who fraudulently or by the wilful concealment of
material facts induces the Lands Tribunal to do or to refrain from
doing anything which the Tribunal is authorised to do under this
Act shall, without prejudice to the provisions of the [Perjury
(Northern Ireland) Order 1979], be guilty of an offence and shall
be liable

(a)on summary conviction, to a fine not exceeding one hundred pounds
or to imprisonment for a term not exceeding six months or to both
such fine and such imprisonment;

(b)on indictment, to a fine not exceeding five hundred pounds or to
imprisonment for a term not exceeding two years or to both such
fine and such imprisonment.

(2) For the purposes of any proceedings under this section, a
certificate under the hand of a member of the Lands Tribunal that,
in any proceedings of the Lands Tribunal heard before him (whether
sitting alone or otherwise), a statement of material facts as set
out in the certificate was made to the Tribunal or that any
material facts as set out in the certificate were not disclosed to
the Tribunal, shall, until the contrary is shown, be accepted as
proof that such statement was made, or, as the case may be, that
such facts were not disclosed to the Tribunal.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 32
Interpretation.

32. The Ministry may make regulations subject to negative resolution
prescribing anything which is to be prescribed for the purposes of
this Act.

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.

LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 -
SECT 34

34. This Act may be cited as the Leasehold (Enlargement and
Extension) Act (Northern Ireland) 1971 .... Commencement ....