The Business Tenancies (Notices) Regulations (Northern Ireland) 1997

Statutory Rules of Northern Ireland

1997 No. 72

BUSINESS TENANCIES

The Business Tenancies (Notices) Regulations (Northern Ireland) 1997

Made

20th February 1997

Coming into operation

1st April 1997

The Department of Finance and Personnel, in exercise of the powers conferred on it by Article 40(1) of the Business Tenancies (Northern Ireland) Order 1996(1) and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Business Tenancies (Notices) Regulations (Northern Ireland) 1997 and shall come into operation on 1st April 1997.

Interpretation

2.  In these Regulations—

“the Order” means the Business Tenancies (Northern Ireland) Order 1996;

a form referred to by number means the form so numbered in the Schedule.

Forms of notice

3.  The forms of notice set out in the Schedule shall be used as follows—

(a) a notice served under Article 5(2)(a) of the Order by the landlord, being a notice terminating a tenancy which has been continued by Article 5(1) and has subsequently ceased to be a tenancy to which the Order applies, shall be in Form 1;

(b) a notice served under Article 5(2)(c) of the Order by the immediate landlord, being a notice requiring possession at the date of expiry of a tenancy dependent on the effluxion of time, shall be in Form 2;

(c) a notice served under Article 6 of the Order, being the landlord’s notice to determine a tenancy to which the Order applies, shall be in Form 3;

(d) a notice served under Article 7 of the Order, being a tenant’s request for a new tenancy, shall be in Form 4;

(e) a notice served under Article 29 of the Order, being a notice for particulars, shall be in Form 5.

Revocation of Business Tenancies (Notices) Regulations (Northern Ireland) 1964

4.  The Business Tenancies (Notices) Regulations (Northern Ireland) 1964(2) are hereby revoked.

Sealed with the Official Seal of the Department of Finance and Personnel on

L.S.

James McKeown

Assistant Secretary

20th February 1997.

Regulation 3

SCHEDULE Forms

Form 1 Business Tenancies (Northern Ireland) Order 1996(S.I. 1996/725 (N.I. 5)) (“the Order”)

Landlord’s Notice under Article 5(2)(a) terminating Tenancy which has ceased to be a Tenancy to which the Order applies

Form 2 Business Tenancies (Northern Ireland) Order 1996(S.I. 1996/725 (N.I. 5)) (“the Order”)

Landlord’s Notice under Article 5(2)(c) of the Order to Tenant of Tenancy to which the Order does not apply requiring possession at the end of the Tenancy

Form 3 Business Tenancies (Northern Ireland) Order 1996(S.I. 1996/725 (N.I. 5)) (“the Order”)

Landlord’s Notice to Determine Business Tenancy under Article 6 of the Order

Form 4 Business Tenancies (Northern Ireland) Order 1996(S.I. 1996/725 (N.I. 5)) (“the Order”)

Tenant’s Request for New Tenancy under Article 7 of the Order

Form 5 Business Tenancies (Northern Ireland) Order 1996(S.I. 1996/725 N.I. 5) (“the Order”)

Notice for particulars under Article 29

Explanatory Note

(This note is not part of the Regulations.)

These Regulations prescribe the forms of notices to be used under the Business Tenancies (Northern Ireland) Order 1996 (S.I. 1996/725 (N.I. 5)) (“the Order”). They also revoke the Business Tenancies (Notices) Regulations (Northern Ireland) 1964 (S.R. & O. (N.I.) 1964 No. 215) (the “previous Regulations”) which prescribed the forms of notices to be used under the Business Tenancies Act (Northern Ireland) 1964 (1964 c. 36 (N.I.)) (“the Act of 1964”). That Act is repealed by the Order.

The main changes from the previous Regulations under the Act of 1964 are in Form 3 (landlord’s notice to determine a business tenancy under Article 6 of the Order) and Form 4 (tenant’s request for a new tenancy under Article 7 of the Order): these reflect the new provisions, particularly Articles 6 and 7 of the Order. Form 5 (notice of particulars) reflects the increased width of the power to obtain particulars in Article 29 of the Order.

(1)

S.I. 1996/725 (N.I. 5)

(2)

S.R. & O (N.I.) 1964 No. 215