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Land Acquisition and Compensation (Northern Ireland) Order 1973

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Tenants entitled to enlargement or extension under the Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971N.I.

15.—(1) This Article has effect where a person is entitled under the Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 [1971 c.7] as respects any land to enlarge an estate into a fee simple or to obtain an extension of a leasehold estate as incident to his existing estate in the land (in this Article referred to as “the qualifying estate”) and—

(a)has on or before the relevant date served notice under section 2 of that Act; and

(b)has not enlarged his estate into a fee simple or obtained an extension of his leasehold estate before that date.

(2) The qualifying estate shall be treated as an owner's interest as defined in Article 5(4) whether or not the unexpired term on the date of service of the notice of claim is of the length there specified.

(3) If no claim is made in respect of the qualifying estate before the claimant has ceased to be entitled to it by reason of his enlargement of the estate into a fee simple or his extension of the leasehold estate he may make a claim in respect of the qualifying estate as if he were still entitled to it.

(4) No claim shall be made by virtue of paragraph (3) after the claimant has ceased to be entitled to the fee simple or extended leasehold estate but such a claim may be made before the beginning of the claim period if it is made before the claimant has disposed of the fee simple or extended leasehold estate and after he has made a contract for disposing of it.

(5) Compensation shall not be payable before the beginning of the claim period on any claim made by virtue of paragraph (4).

(6) Any notice of a claim made by virtue of this Article shall contain, in addition to the matters mentioned in Article 6, a statement that it is made in respect of a qualifying estate and, if made by virtue of paragraph (3) or (4), sufficient particulars to show that it falls within that paragraph.

(7) In relation to a claim made by virtue of paragraph (3) Article 7(4)( a) shall have effect as if the reference to the date of service of notice of the claim were a reference to the relevant date.

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