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Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971

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4 F1Notice requiring information.N.I.

(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.

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F1functions transf. 1982 NI 6

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