Samuel Johnston & Anr v Andras House
| Jurisdiction | Northern Ireland |
| Judge | Gibson LJ,Mr Jacobson |
| Neutral Citation | BT/123, 124 & 125/1991 |
| Date | 26 February 1992 |
| Year | 2012 |
| Court | Lands Tribunal (Northern Ireland) |
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LANDS TRIBUNAL FOR NORTHERN IRELAND
LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964
BUSINESS TENANCIES ACT (NORTHERN IRELAND) 1964
IN THE MATTER OF THE FOLLOWING APPLICATIONS
BT/123/1991
SAMUEL JOHNSTON LIMITED - APPLICANT
AND
ANDRAS HOUSE LIMITED & CLEAVER DEVELOPMENTS LIMITED - RESPONDENTS
(GROUND FLOOR SHOP 31-33 GREAT VICTORIA STREET, BELFAST)
BT/124/1991
SAMUEL JOHNSTON LIMITED - APPLICANT
AND
ANDRAS HOUSE LIMITED & CLEAVER DEVELOPMENTS LIMITED - RESPONDENTS
(GROUND FLOOR SHOP 35 GREAT VICTORIA STREET, BELFAST)
BT/125/1991
DAVID J DEVENNEY - APPLICANT
AND
ANDRAS HOUSE LIMITED & CLEAVER DEVELOPMENTS LIMITED - RESPONDENTS
(GROUND FLOOR SHOP 43-45 GREAT VICTORIA STREET, BELFAST)
Lands Tribunal for Northern Ireland - The President,
His Honour Judge Peter Gibson QC & Mr A L Jacobson FRICS
Belfast - 3rd February 1992
These applications were heard together under Rule 14 of the Lands Tribunal Rules
(Northern Ireland) 1976. A preliminary issue arose and each is identical. It may be stated
shortly. Was the landlord's notice of opposition in each case to the tenants' request for a
new tenancy out of time and, if so, had the Lands Tribunal a discretion to extend that time?
Mr Alastair Devlin of Counsel appeared for the Applicant tenants in each case.
Mr Mark Horner of Counsel appeared for the Respondent landlords.
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The following facts were agreed:-
1. Tenure
(a) The premises at 31-33 Great Victoria Street were held under lease dated 1st April
1987. The term of the lease was for five years from 1st February 1987 and it
expired on 31st January 1992.
(b) The premises at 35 Great Victoria Street were held under lease dated 29th June
1988. The term of the lease was for three years and eight months from 1st June
1988 and it also expired on 31st January 1992.
(c) The premises at 43 Great Victoria Street are held under lease dated 1st July
1987. The term of the lease is for five years from 1st July 1987 and it will thus
expire on 30th June 1992.
(d) The premises at 45 Great Victoria Street are held under an agreement for a
lease. The agreed term is for one year and six months from 1st January 1991
and will also expire on 30th June 1992.
2. Tenants' request for new tenancy under Section 5 of the Business Tenancies Act
(Northern Ireland) 1964 ("the 1964 Act").
The tenants' request for a new tenancy was in each case dated 3rd September 1991
and it was conceded that each request for a new tenancy satisfied the requirements of
the 1964 Act.
3. Landlord's notices of opposition to a new tenancy.
In each case the landlords' notice of opposition to a new tenancy was on its face dated
1st November 1991 and as such within time. Each notice contained the following
ground of opposition:-
"That on the termination of the current tenancy we intend -
(i) to demolish or rebuild the premises comprised in the holding or a substantial
part of those premises; or
(ii) to carry out substantial works of construction on the holding or part thereof;
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