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Business Tenancies Act (Northern Ireland) 1964

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34Notices in relation to the making of an improvement.N.I.

(1)Where a tenant under a tenancy to which Part I applies proposes to make an improvement (other than an improvement under such a contract as is mentioned in section 39(3)) on the premises comprised therein he shall serve on his landlord a notice (in this Part referred to as a “notice of improvement” ) in the prescribed form and consisting of the following documents, that is to say:—

(a)a statement in the prescribed form of the intention to make the improvement; and

(b)a plan and a specification showing the improvement and the part of the said premises affected thereby; and

(c)an estimate, verified by an architect, surveyor or building contractor, of the cost of making the improvement.

(2)Where a notice of improvement is served on the landlord of premises comprised in a tenancy to which Part I applies, that landlord may within three months after such service serve on the tenant any one but not both of the following notices, that is to say:—

(a)a notice (in this Part referred to as a “notice of objection” ) in the prescribed form objecting to the improvement proposed in the said notice of improvement on grounds specified in that notice; or

(b)a notice (in this Part referred to as “a notice of undertaking” ) in the prescribed form undertaking to execute the said improvement in consideration of either (as shall be specified by the landlord) a specified increase of rent or an increase of rent to be fixed by the Lands Tribunal.

(3)Where a notice of improvement has been served on the landlord of premises comprised in a tenancy to which Part I applies that landlord shall within one month after the service of that notice serve the notice or a copy thereof on his immediate superior landlord, if any, and that immediate superior landlord, if any, may within three months after the date of the service under subsection (1) of the notice of improvement by the tenant on the landlord serve a notice of objection on that tenant.

(4)Every superior landlord on whom a notice of improvement or a copy thereof is served under this section (including this subsection) shall within one week after such service serve that notice of improvement (or the copy thereof) or a copy thereof on his next superior landlord, if any, and that next superior landlord, if any, shall have the like right of serving a notice of objection as the first-mentioned superior landlord has under this section (including this subsection).

(5)Every notice of improvement or copy thereof which is served under this section shall have endorsed thereon a statement of the date on which—

(a)the notice of improvement was served under subsection (1) by the tenant on his landlord; and

(b)the notice of improvement or copy thereof was served under subsection (3) or (4) by a landlord on a superior landlord.

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