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Business Tenancies Act (Northern Ireland) 1964

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5Request by tenant for a new tenancy.N.I.

(1)A tenant may, subject to and in accordance with this section, make a request for a new tenancy where the tenancy under which he holds for the time being (in this Part referred to as “the current tenancy” ) is—

(a)a tenancy granted for a term certain exceeding one year, whether or not continued by section 3; or

(b)a tenancy granted for a term certain exceeding one year and thereafter from year to year; or

(c)a tenancy granted for a period dependent on the fall of a life or other uncertain event and continued by section 3.

(2)A tenant's request for a new tenancy shall be for a tenancy beginning with such date, not more than twelve nor less than six months after the making of the request, as may be specified therein, and in the case of such a tenancy as is specified in paragraphs ( a) and ( b) of subsection (1) such date shall not be earlier than the date on which but for this Part the current tenancy would come to an end by effluxion of time or could be brought to an end by notice to terminate served by the tenant under and in accordance with the terms (whether express or implied) of that tenancy.

(3)A tenant's request for a new tenancy shall not have effect unless it is made by notice in the prescribed form served on the landlord and sets out in general terms the tenant's proposals as to—

(a)the property to be comprised in the new tenancy (being either the whole or part of the property comprised in the current tenancy);

(b)the rent to be payable under the new tenancy;

(c)the duration of the new tenancy; and

(d)the other terms of the new tenancy.

(4)A tenant's request for a new tenancy shall not be made if the landlord has already served a notice to determine under section 4, or if the tenant has already served a notice under section 6; and no such notice shall be served by the landlord or the tenant after the making by the tenant of a request for a new tenancy.

(5)Where the tenant makes a request for a new tenancy in accordance with this section, the current tenancy shall, subject to section 9 and to section 17(2), terminate immediately before the date specified in the request for the beginning of the new tenancy.

(6)Within two months of the making of a tenant's request for a new tenancy in accordance with this section, the landlord may serve notice on the tenant that he will oppose an application to the Lands Tribunal under section 8 for the grant of a new tenancy, and any such notice shall state on which of the grounds mentioned in section 10 the landlord will oppose the application.

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