Fresco Bon v Gallagher
| Jurisdiction | Northern Ireland |
| Judge | Mr Spence |
| Judgment Date | 10 June 2022 |
| Neutral Citation | BT/48/2021 |
| Date | 10 June 2022 |
| Court | Lands Tribunal (Northern Ireland) |
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
BT/48/2021
BETWEEN
FRESCO BON LIMITED – APPLICANT
AND
MICHAEL GALLAGHER – RESPONDENT
Re: The Laurel Glen, 208 Stewartstown Road, Belfast
Lands Tribunal – Henry Spence MRICS Dip Rating IRRV (Hons)
Background
1. Mr Michael Gallagher (“the respondent”) is the tenant of the public house known as The
Laurel Glen, 208 Stewartstown Road, Belfast (“the reference property”) by way of a lease
which commenced on 1st January 2016, for a term of five years and which has now expired.
2. Fresco Bon Limited (“the applicant”) is the landlord of the reference property and on 16th
February the applicant served a Landlord’s Notice to Determine the respondent’s tenancy
with effect from 20th August 2021.
3. This notice was served under Article 6 of the Business Tenancies (Northern Ireland) Order
1996 (“the Order”). No response was forthcoming from the respondent and, on 21st May
2021, the applicant submitted a Tenancy Application to the Lands Tribunal, seeking an order
that the respondent was not entitled to the grant of a new tenancy.
4. The grounds relied upon by the applicant are contained in Article 12 of the Order and are
summarised:
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