Car Park Services Ltd -v- Conway Estates Ltd
| Jurisdiction | Northern Ireland |
| Judge | Mr Spence |
| Judgment Date | 28 January 2022 |
| Neutral Citation | BT/66/2021 |
| Court | Lands Tribunal (Northern Ireland) |
| Date | 28 January 2022 |
LANDS TRIBUNAL FOR NORTHERN IRELAND
LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964
BUSINESS TENANCIES (NORTHERN IRELAND) ORDER 1996
IN THE MATTER OF AN APPLICATION FOR COSTS
BT/66/2021
BETWEEN
CAR PARK SERVICES LIMITED – APPLICANT
AND
CONWAY ESTATES LIMITED – RESPONDENT
Re: 6/8 Tomb Street, Belfast
Lands Tribunal – Henry Spence MRICS Dip Rating IRRV (Hons)
Background
1. The origin of the subject reference was an agreement between Merit Investments and
Properties Limited, now succeeded by Conway Estates Limited (“the respondent”) and Car
Park Services Limited (“the applicant”). Whilst the agreement appeared to be worded in
terms of a licence, it was fairly clear that it operated as a lease and both parties had
proceeded on the basis that it was a lease. This was not disputed.
2. On 30th April 2021, a notice under Article 7 of the Business Tenancies (Northern Ireland)
Order 1996 (“the Order”) was served by the applicant on the respondent. This notice
requested a new tenancy for a term of 15 years from and including 1st November 2021, at a
rent of £9,000 per annum. On 25th June 2021 the respondent served a counter notice stating
that it was unwilling to grant a new tenancy on the grounds of Article 12(1)(f) of the Order,
that the respondent intended to carry out works of redevelopment.
3. On 13th September 2021, following the direction of the Tribunal, the respondent filed a
Statement of Case (SOC) which included details of the efforts it had gone to in respect of its
application for planning, which had not yet been granted.
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