Kevin Lynch v Paul McGilloway

JurisdictionNorthern Ireland
JudgeMr Spence
Judgment Date04 June 2021
Neutral CitationBT/11/2020
CourtLands Tribunal (Northern Ireland)
Date04 June 2021
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/11/2020
BETWEEN
KEVIN LYNCH APPLICANT
AND
PAUL McGILLOWAY RESPONDENT
Re: 1B Westland Terrace, Londonderry
Lands Tribunal Henry Spence MRICS Dip Rating IRRV (Hons)
Background
1. Mr Kevin Lynch (“the applicant”) has occupied the premises at 1B Westland Terrace,
Londonderry (“the reference property”) continuously since 2008, having had a previous period
of occupation prior to reoccupying in 2008. The reference property is currently occupied and
used as a florist shop.
2. Mr Paul McGilloway (“the respondent”) purchased premises at 1 Westland Terrace, to include
the reference property, in 2003. The structure at 1 Westland Terrace comprises a large 3 storey
house with the ground floor being used a picture .framing business by the respondent, the
remaining floors are let as living accommodation.
3. To the rere of and behind the main structure lies the reference property which was a former
flat roof domestic garage converted for use as a shop. It has been used as a florists shop since
2002.

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