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The Business Tenancies (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

Interim continuation of tenancies pending determination by the Lands Tribunal

11.—(1) In any case where—

(a)a notice to determine a tenancy has been served under Article 6 or a request for a new tenancy made under Article 7; and

(b)a tenancy application has been made; and

(c)but for this Article the effect of that notice or request would be to terminate the tenancy before the expiration of the period of 3 months beginning with the date on which the tenancy application is finally disposed of,

the effect of the notice or request shall be to terminate the tenancy either at such date as the Lands Tribunal may by order direct or at the expiration of the said period of 3 months and not at any other time.

(2) The reference in paragraph (1)(c) to the date on which an application is finally disposed of shall be construed as a reference to the earliest date by which the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the date of the withdrawal or abandonment.

(3) Where the term of a tenancy is extended in consequence of the operation of paragraph (1), the Lands Tribunal may by order—

(a)vary the rent payable under the tenancy to such amount, effective from such date (including a date then past), and

(b)direct that interest shall be payable on rent in an-ear (including rent in arrear by virtue of a variation under sub-paragraph (a)), at such rate,

as the Lands Tribunal considers proper in all the circumstances.

(4) Where the Lands Tribunal, under paragraph (3), orders a variation of rent by way of increase from a date then past, it shall order the payment of—

(a)the sum of any arrears of rent created by virtue of that variation; or

(b)where it also directs that interest shall be payable on rent in arrear, the sum of any arrears so created and interest on such arrears.

(5) None of the provisions of the [1978 NI 20.] Rent (Northern Ireland) Order 1978 shall operate to limit or affect the amount of the rent which may be fixed by the Lands Tribunal under paragraph (3).

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