James P Corey Transport and Owen Jacobson v Belfast Harbour Commissioners
| Jurisdiction | Northern Ireland |
| Neutral Citation | BT/65 & 66/2019 |
| Court | Lands Tribunal (Northern Ireland) |
| Date | 18 February 2020 |
LANDS TRIBUNAL FOR NORTHERN IRELAND
LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964
BUSINESS TENANCIES (NORTHERN IRELAND) ORDER 1996
IN THE MATTER OF APPLICATIONS
BT/65 & 66/2019
BETWEEN
JAMES P COREY TRANSPORT LIMITED – APPLICANT 1
OWEN JACOBSON – APPLICANT 2
AND
BELFAST HARBOUR COMMISSIONERS – RESPONDENTS
Re: Premises at Stormont Road, Belfast Harbour Estate, Belfast
Lands Tribunal – Henry Spence MRICS Dip Rating IRRV (Hons)
Background
1. James P Corey Transport Limited (“applicant 1”) and Owen Jacobson (“applicant 2”) occupy
adjoining premises at Stormont Road, Belfast Harbour Estate (“the reference properties”) on
foot of agreements made with the Belfast Harbour Commissioners (“the respondents”).
2. The subject applications concern a preliminary issue to decide if the applicants occupy the
reference properties as licensees or as tenants. The applications are being heard together for
the preliminary issue due to the fact that both applicants have the same legal representation
and in light of common factual matters.
3. Both applicants have had long established businesses within the Harbour Estate. Applicant 1
is involved in road haulage and applicant 2 manufactures modular buildings. Both have been
in occupation of the reference properties since 2007, from which they currently carry on their
sole businesses.
4. It was not disputed that the reference properties were individually gated and locked by each
applicant at close of business each day. Neither applicant provides a key to the respondents
or any third party. Each have installed CCTV at their own expense which is controlled by each
applicant. Both have erected buildings on site but some of the buildings are moveable and
came from a previous site on the Harbour Estate.
5. Both applicants pay a monthly rent for their current premises and have done so since 2007,
although, at hearing, the Tribunal was advised that the respondents have now stopped
accepting the rent. The amounts were:
(i) Applicant 1 - £1,500 per month including VAT
(ii) Applicant 2 - £1,830.84 per month including VAT
6. Neither applicant has a written agreement on their current premises, having refused to sign
agreements put forward by the respondents. Prior to 2007 the applicants had occupied
premises at McCaughey Road, within the Harbour Estate, under written agreements made in
1995.
7. The respondents are the owners of the Belfast Harbour Estate and on 22nd October 2018 they
served the applicants with notices to quit, as they wished to carry out port redevelopment
works. The notices gave the applicants up to 31st December 2018 to vacate.
8. At the same time the respondents served the applicants with “Notices to Determine” under
Article 6 of the Business Tenancies (Northern Ireland) Order 1996 (“the Order”). The
respondents’ covering letter stated that they considered the applicants to be licensees and
the Article 6 notices had been served without prejudice to that position. The notices opposed
a new tenancy on “redevelopment”, “own use” and “statutory authority” grounds and also on
the basis that one of the applicants was consistently late in paying the rent. It was accepted,
however, that at the date of the hearing both applicants were up to date with their rent. On
4th June 2019 the applicants submitted Tenancy Applications to the Lands Tribunal.
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