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37. (1) Where in relation to a tenancy continued by virtue of this Order or granted under this Order the immediate landlord on an application to the Lands Tribunal satisfies the Lands Tribunal—
(a)that he has taken all reasonable steps to communicate with the person last known to him to be the tenant and has failed to do so;
(b)that during the period of 6 months ending with the date of the application neither the tenant nor any person claiming under him has been in occupation of the property comprised in the tenancy or any part thereof; and
(c)that during the said period either no rent was payable by the tenant or the rent payable has not been paid,
the Lands Tribunal may if it thinks fit by order determine the tenancy as from the date of the order.
(2) Nothing in this Article shall prejudice or affect the right of a landlord to bring an action for the recovery of any land under Article 12(3) of the [1980 NI 3.] County Courts (Northern Ireland) Order 1980.
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