RENT (NORTHERN IRELAND) ORDER 1978

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RENT (NORTHERN IRELAND) ORDER 1978 - SECT 50



50.(1) Subject to paragraphs (3) to (5), any person who, as a condition of the
assignment of a protected tenancy, requires the payment of any premium or the
making of any loan (whether secured or unsecured) shall be guilty of an
offence under this Article.

(2) Subject to paragraphs (3) to (5), any person who, in connection with the
assignment of a protected tenancy, receives any premium or any loan shall be
guilty of an offence under this Article.

(3) Notwithstanding anything in paragraphs (1) and (2), an assignor of a
protected tenancy of a dwelling-house may, if apart from this Article he would
be entitled to do so, require the payment by the assignee or receive from the
assignee a payment

(a)of so much of any outgoings discharged by the assignor as is referable to
any period after the assignment takes effect;

(b)of a sum not exceeding the amount of any expenditure reasonably incurred by
the assignor in carrying out any structural alteration of the dwelling-house
or in providing or improving fixtures therein, being fixtures which, as
against the landlord, he is not entitled to remove;

(c)where the assignor became a tenant of the dwelling-house by virtue of an
assignment of the protected tenancy, of a sum not exceeding any reasonable
amount paid by him to his assignor in respect of expenditure incurred by that
assignor, or by any previous assignor of the tenancy, in carrying out any such
alteration or in providing or improving any such fixtures as are mentioned in
sub-paragraph (b); or

(d)where part of the dwelling-house is used as a shop or office, or for
business, trade or professional purposes, of a reasonable amount in respect of
any goodwill of the business, trade or profession, being goodwill transferred
to the assignee in connection with the assignment or accruing to him in
consequence thereof.

(4) Without prejudice to paragraph (3), the assignor shall not be guilty of an
offence under this Article by reason only that

(a)any payment of outgoings required or received by him on the assignment was
a payment of outgoings referable to a period before the assignment took
effect; or

(b)any expenditure which he incurred in carrying out structural alterations of
the dwelling-house or in providing or improving fixtures therein and in
respect of which he required or received the payment of any sum on the
assignment was not reasonably incurred; or

(c)any amount paid by him as mentioned in paragraph (3)(c) was not a
reasonable amount; or

(d)any amount which he required to be paid, or which he received, on the
assignment in respect of goodwill was not a reasonable amount.

(5) A person guilty of an offence under this Article shall be liable to a fine
not exceeding #1,000.

(6) The court by which a person is convicted of an offence under the
provisions of this Article relating to requiring or receiving any premium may
order the amount of the premium, or so much of it as cannot lawfully be
required or received under this Article (including any amount which, by virtue
of paragraph (4), does not give rise to an offence) to be repaid to the person
by whom it was paid.

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Northern Irish Legislation

RENT (NORTHERN IRELAND) ORDER 1978 - SECT 50