Northern Ireland often lags behind England and Wales in terms of legislative reform, but in the field of Business Tenancies several of the changes proposed by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 have already been introduced into our jurisdiction by virtue of the Business Tenancies (Northern Ireland) Order 1996 which came into force on 1 April, 1997.
Innovations such as the lifting of the corporate veil and the removal of the need for the tenant to serve a counter-notice to a landlord’s notice to determine, have been welcomed by the profession and backed up by a helpful and pragmatic Lands Tribunal, the legislation appears to be working well in practice. There are, however, some quirks in its drafting which have led to confusion for landlords in particular. One such problem area arises where there is a landlord willing to renew a business tenancy and an unresponsive tenant.
