1986 No. 767 (N.I. 5)
The Commission on Disposals of Land (Northern Ireland) Order 1986
Title and commencement1
1
This Order may be cited as the Commission on Disposals of Land (Northern Ireland) Order 1986.
2
This Order shall come into operation on the expiration of four months from the day on which it is made.
Interpretation2
The [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
Certain stipulations concerning disposals of land and revision of rents to be void3
1
Where, on a disposal of land, an agent acting for the person making the disposal is entitled to be paid a commission, any stipulation made on the disposal to the effect that the person acquiring the land shall pay the whole or any part of the commission shall be void.
2
Paragraph (1) applies only in relation to contracts for the disposal of land made after the coming into operation of this Order.
3
Paragraph (1) does not apply to the acquisition of land by agreement by a person or body authorised or capable of being authorised under a statutory provision in force at the date of the agreement to acquire that land compulsorily.
4
Where, in relation to a letting of land, an agent acting for the landlord is entitled to be paid a commission for or in connection with—
a
the undertaking of a review of the rent payable under the letting; or
b
the extension or renewal of the letting;
any stipulation to the effect that the tenant shall pay the whole or any part of the commission shall be void.
5
Paragraph (4) applies only in relation to agreements made after the coming into operation of this Order.
6
Any money paid under a stipulation to which paragraph (1) or (4) applies shall be recoverable by the person by whom it was paid.
7
In this Article—
“agent” means an auctioneer, estate agent or any other person acting as an agent;
“commission” includes fees, charges, disbursements, expenses and remuneration;
“disposal” includes any dealing mentioned in paragraphs (a) to (f) of section 45(3) of the [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954;
“letting” includes a letting by way of lease and a letting by way of any agreement conferring a right to use land for cropping or grazing, and the expressions “landlord” and “tenant” shall be construed accordingly; and
“statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954.
8
The [1972 c. 12 (N.I.)] Commission on Sales of the Land Act (Northern Ireland) 1972 is hereby repealed; but nothing in this paragraph shall be taken to validate any stipulation that was void immediately before the coming into operation of this Order.