Tarwood v Giordano & Anr
| Jurisdiction | Northern Ireland |
| Judge | Mr Curry |
| Judgment Date | 16 February 2010 |
| Neutral Citation | BT/38 & 39/2009 (Part 1) |
| Court | Lands Tribunal (Northern Ireland) |
| Date | 16 February 2010 |
LANDS TRIBUNAL FOR NORTHERN IRELAND
LANDS TRIBUNAL & COMPENSATION ACT (NORTHERN IRELAND) 1964
BUSINESS TENANCIES (NORTHERN IRELAND) ORDER 1996
IN THE MATTER OF AN APPLICATION
BT/38 & 39/2009
BETWEEN
TARWOOD LIMITED – APPLICANT
AND
ANTONINO GIORDANO & DESIREE GIORDANO – RESPONDENTS
Re: Ground Floor, 21 Ormeau Avenue, Belfast
Lands Tribunal - Mr M R Curry FRICS IRRV MCI.Arb Hon.Dip.Rating Hon.FIAVI
Background
1. Mr and Mrs Giordano (‘the Giordanos’) own a mainly four storey building at 21 Ormeau
Avenue, Belfast. By lease dated 26th August 2003 Mr and Mrs Giordano demised the ground
floor of the building (‘the premises’) to Tarwood Limited (‘Tarwood’) for a term of six years from
1st May 2003. The upper floors are let as offices.
2. Tarwood fitted the premises out as a music venue and operated the same as “Spring and
Airbrake”. In 2006 CDC Leisure Ltd (“CDC”) acquired Tarwood Ltd which is now a subsidiary
company. The venue is well known and its contribution to the local music and entertainment
industry is widely recognised.
3. Within the adjacent building, which it owns, Tarwood operates a public house known as ‘Katy
Daly’s’ and another music venue known as ‘The Limelight’. Each of the three venues has
separate access to the public street. In addition, Tarwood can provide internal access to allow
patrons to circulate freely within all of them. They are operated together once a week for a
regular event aimed at a student audience, and additionally as required.
4. By Notice to Determine dated 7th August 2008 (“the Notice”) the Giordanos gave notice
terminating the tenancy and opposing any new tenancy on the grounds of Article 12(g) of the
Business Tenancies (Northern Ireland) Order 1996 (“the 1996 Order”):
“That on termination of the current tenancy the L andlord intends that the holding will be
occupied for a reasonable period for the purposes, or partly for the purposes, of a business
to be carried on in it by them or by a company in which they have a controlling interest”.
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