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Business Tenancies Act (Northern Ireland) 1964

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Section 56.

SCHEDULE 2N.I.TRANSITIONAL PROVISIONS

Para. 1 rep. by SLR 1976

2N.I.Where before the commencement of this Act a tenancy was terminated by the fall of a life or the occurrence of any other uncertain event and at the commencement of this Act the tenant thereof was entitled to make but had not made an application under the Business Tenancies Acts to the county court for the renewal of the said tenancy, notwithstanding such termination that tenancy shall be deemed to continue by virtue of section 3 and the provisions of Part I shall apply accordingly.

3N.I.Where a tenancy terminated before the commencement of this Act would otherwise be a tenancy to which Part I applies, and the tenant thereof, whether a decree in ejectment or order for possession had been made against him or not, is at the commencement of this Act in occupation of the premises or part of the premises comprised in the tenancy, then for the purposes of this Act, notwithstanding such termination, the tenancy shall be deemed to continue by virtue of section 3 and the provisions of Part I shall apply accordingly.

4N.I.For the purposes of section 5 and section 23(2) a tenancy which is not such a tenancy as is mentioned in subsection (1) of the said section 5 but is a tenancy to which Part I applies and in respect of which the following conditions are satisfied, that is to say—

(a)that it took effect before the commencement of this Act at the coming to an end by effluxion of time or notice to quit or the fall of a life or the happening of any other uncertain event of a tenancy which is such a tenancy as is mentioned in subsection (1) of section 5 or is by virtue of this paragraph deemed to be such a tenancy; and

(b)that if this Act had then been in force the tenancy at the coming to an end of which it took effect would have been one to which Part I applies; and

(c)that the tenant is either the tenant under the tenancy at the coming to an end of which it took effect or a successor to his business;

shall be deemed to be such a tenancy as is mentioned in the said subsection (1).

5(1)A tenant under a tenancy which was current at the commenctment of this Act shall not in any case be entitled to compensation under section 19 unless at the date on which he is to quit the holding, the holding or part thereof has continuously been occupied for the purposes of the carrying on of the tenant's business (whether by him or by any other person) for at least five years.N.I.

(2)Where a tenant under a tenancy which was current at the commencement of this Act would but for this sub-paragraph be entitled both to—

(a)compensation under section 19; and

(b)compensation payable, under the provisions creating the tenancy, on the termination of the tenancy;

he shall be entitled, at his option, to the one or the other, but not to both.

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