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Statutes of Northern Ireland |
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Ground Rents Act (Northern Ireland) 2001 | ||
An Act to make provision for the redemption of certain ground rents and other periodic payments. [20th March 2001] BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows: | ||
The redemption of ground rents | ||
Power of certain rent-payers to redeem ground rent | 1. - (1) Subject to subsection (2) and section 3, a rent-payer may, by complying with the requirements of this Act, redeem the ground rent to which his land is subject. | |
(2) Subject to subsection (4), subsection (1) does not empower a rent-payer to redeem a ground rent at a time when- | ||
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(3) Land is not prevented from being used wholly for business purposes by reason only of the fact that part of it is occupied as a dwelling by a person who is required or permitted to reside there in consequence of his employment or of holding an office. | ||
(4) Subsection (2) does not apply to the use of land for the purposes of a building lease or of a fee farm grant for purposes corresponding to those of a building lease. | ||
Compulsory redemption in case of dwelling-house | 2. - (1) Subject to subsection (4) and to section 3, this section applies where- | |
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(2) Subject to subsection (5) and to section 3, this section also applies where there is a transfer of a dwelling-house to be held for an estate in fee simple or for a leasehold estate subject (in either case) to a ground rent. | ||
(3) Where this section applies, the Registrar shall refuse to accept the conveyance or transfer (and accordingly shall not register a person as owner by virtue of that conveyance or transfer) unless he is satisfied that the ground rent has been redeemed by that person under this Act. | ||
(4) Subsection (1) does not apply to a conveyance made on or after the day on which that subsection comes into operation in pursuance of an obligation assumed before that day. | ||
(5) Subsection (2) does not apply to a transfer made on or after the day on which that subsection comes into operation in pursuance of an obligation assumed before that day. | ||
(6) A recital in a conveyance or transfer as to the date on which an obligation was assumed is, for the purposes of subsection (4) or (5), conclusive evidence of that fact. | ||
(7) Where a dwelling-house is held in undivided shares, the conveyance or transfer of such a share is, for the purposes of this section, a conveyance or transfer of the dwelling-house. | ||
(8) In this section "conveyance" means a conveyance or other assurance of unregistered land for value in money or money's worth and includes an assignment of a lease but does not include a grant of a lease, the surrender of a lease or the grant of a mortgage; and "transfer", in relation to registered land, has a corresponding meaning. | ||
Exceptions to, or restrictions on, sections 1 and 2 | 3. - (1) Section 1 does not apply where- | |
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(2) Sections 1 and 2 do not apply where the ground rent is payable under a lease the term of which has been extended under the Act of 1971. | ||
(3) Sections 1 and 2 do not apply where the ground rent is payable under a lease which has a short residuary term. | ||
(4) For the purposes of subsection (3) a lease has a short residuary term where the unexpired residue of the term of the lease is 50 years or less on- | ||
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(5) Sections 1 and 2 do not apply where a ground rent is payable under a lease, and- | ||
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nor does section 2 apply to a conveyance or transfer from the lessor to the lessee upon the termination of an equity-sharing lease. | ||
(6) Sections 1 and 2 do not apply where the ground rent is payable under a lease and proceedings, otherwise than by the rent-payer, in any court for recovery of possession of the land are pending. | ||
(7) Sections 1 and 2 do not apply to a flat, that is to say, a unit of accommodation in a development containing two or more such units, where- | ||
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(8) In subsection (7)- | ||
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(9) Section 2 does not apply to the conveyance or transfer of a dwelling-house to- | ||
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Redemption | 4. - (1) A rent-payer wishing to redeem a ground rent under this Act shall apply to the Land Registry in the prescribed form. | |
(2) At the same time as an application is made under subsection (1), the rent-payer shall lodge with the Land Registry- | ||
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(3) Immediately after an application is made under subsection (1), the rent-payer shall serve on the rent-owner a notice in the prescribed form to the effect that the application has been made. | ||
(4) Subsection (3) does not apply where- | ||
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(5) Where two or more lands held under different titles subject to ground rents payable to the same rent-owner are contiguous (or, in the case of more than two, every one is contiguous to some other) and are occupied by the same rent-payer, they may, for the purposes of this Act, be treated as one land and the aggregate of the ground rents may be treated as one ground rent. | ||
(6) Where land comprised of two or more parcels vested in separate persons is subject to a single ground rent, both or all of those persons may combine to redeem the ground rent. | ||
The redemption money and other money lodged under section 4(2) | 5. - (1) The redemption money appropriate to any ground rent is to be determined in accordance with Schedule 1. | |
(2) The Registrar shall keep in the prescribed form- | ||
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(3) Section 81 of the Land Registration Act (searches) applies for the purposes of this Act as if- | ||
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Disposal of money lodged with Land Registry under section 4(2): claims thereto | 6. - (1) All money lodged with the Land Registry under section 4(2) shall be paid into the Consolidated Fund. | |
(2) Where the Registrar receives a claim from any person that he is entitled to payment of the money so lodged in relation to the redemption of a ground rent, the Registrar shall proceed as follows- | ||
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(3) Rules may define circumstances in which the Registrar may be satisfied as mentioned in subsection (2). | ||
(4) Rules shall provide that a person is not entitled to payment of money lodged under section 4(2) in relation to the redemption of a ground rent unless- | ||
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(5) For the purposes of subsection (4)(b)- | ||
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(6) A person aggrieved by the Registrar's certificate under subsection (2), or by his refusal of a certificate, may appeal to the Lands Tribunal, and if the Lands Tribunal is satisfied that the appellant is entitled to payment of the money lodged under section 4(2) in relation to the redemption of a ground rent, it shall order accordingly. | ||
(7) On receipt of a certificate of the Registrar, or an order of the Lands Tribunal, that a person is entitled to payment of the money lodged under section 4(2) in relation to the redemption of a ground rent, the Department of Finance and Personnel shall pay to that person- | ||
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(8) The rate of interest payable under subsection (7) shall be such rate as may from time to time be determined by the Department of Finance and Personnel. | ||
Certificate of redemption | 7. - (1) Where a rent-payer has complied with section 4(1) and (2) the Registrar shall prepare and seal with the seal of the Land Registry a certificate that the ground rent has been redeemed and send the certificate to the rent-payer. | |
(2) A certificate which has been sealed under subsection (1) is, for the purposes of this Act, a certificate of redemption. | ||
(3) A certificate of redemption shall be in the prescribed form. | ||
(4) The sealing of a certificate of redemption operates as a full and final discharge of the land from the ground rent (but without prejudice to section 10(2), and subject to registration in accordance with section 13(4) where the land is registered land). | ||
Exclusion of re-possession of land while redemption is pending | 8. - (1) Without prejudice to any other civil remedy of the rent-owner or a superior owner while the redemption of a ground rent is pending- | |
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(2) For the purposes of this section redemption of a ground rent is pending between the making of an application under section 4(1) and the sealing of a certificate of redemption. | ||
The redemption of certain other periodic payments | ||
Application of certain provisions of Act to certain other periodic payments | 9. - (1) In this section "periodic payment" means- | |
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(2) The following provisions of this Act (and no others) apply with appropriate modifications to a periodic payment as they apply to a ground rent, namely sections 1, 4 to 8, 10, 15(2), 18, 20 to 30 and paragraphs 1 and 2 of Schedule 1. | ||
Consequences of redemption | ||
Effect of certificate of redemption | 10. - (1) Subject to subsection (2), a certificate of redemption is conclusive evidence- | |
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(2) Where the court is satisfied that- | ||
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the court may order the certificate to be cancelled and, where the certificate relates to registered land, may order the register to be rectified accordingly. | ||
Superior rents | 11. - (1) When a ground rent is redeemed, all superior rents (if any) to which the land is subject are also redeemed or, where they are charged on other land as well as the land, are redeemed to the extent that they are charged on the land. | |
(2) For the purposes of this section that extent is to be taken to be a fraction equivalent to the ratio which the redeemed ground rent bears to the aggregate of that ground rent and the ground rents charged on the other land which are payable to the rent-owner. | ||
Lands in separate occupation subject to single ground rent | 12. - (1) This section applies where- | |
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(2) The sealing of the certificate of redemption discharges all the parcels from the ground rent. | ||
(3) At the request of a person entitled to any other parcel or parcels, the Registrar on being satisfied- | ||
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shall deliver to that person a copy of the certificate of redemption. | ||
(4) The rent-payer may require reimbursement of all or an appropriate part (as the case may be) of any moneys lodged under section 4(2)(a), (b), (c) or (e) and of his costs in connection with an application under section 4(1)- | ||
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(5) Without prejudice to any right of set-off or counterclaim, any amount mentioned in subsection (4) may be recovered by the rent-payer in proceedings in any court of competent jurisdiction. | ||
Effect of redemption on titles | 13. - (1) Subject to subsection (3), where, immediately before the date of the sealing of a certificate of redemption, the land was held by the rent-payer for an estate in fee simple, the certificate of redemption operates by virtue of this provision on that date (or on the date of reclassification of the rent-payer's title under paragraph 3(i) of Schedule 3 to the Land Registration Act, where the rent-payer's estate is registered land) to discharge that estate from all estates in the land of the rent-owner and any superior owners to the extent that those estates carry entitlement to ground rent or a superior rent or relate to matters connected with any such rent (and to that extent those estates are extinguished). | |
(2) Subject to subsection (3), where, immediately before the date of the sealing of a certificate of redemption, the land was held by the rent-payer for a leasehold estate, the certificate operates by virtue of this provision on that date (or on the date of registration of the rent-payer's title in the Land Registry, or, as the case requires, reclassification of his title, where the estate of the rent-payer or of the rent-owner or of any superior owner is registered land) to enlarge the rent-payer's estate into an estate in fee simple and, accordingly- | ||
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are extinguished. | ||
(3) Subsections (1) and (2) do not prejudice section 6, and subsection (2) does not prejudice section 14, nor do subsections (1) and (2) affect the power of the rent-owner or a superior owner to enforce a covenant enforceable by him which is continued by section 16(2) or any liability of his to have a covenant to which that subsection applies enforced against him. | ||
(4) In the case of registered land, a certificate of redemption is sufficient authority for the Registrar (subject to compliance with rules)- | ||
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and (notwithstanding any caution or inhibition) to make in the register such consequential entries, changes, cancellations or notes as appear to him appropriate. | ||
(5) The cancellation referred to in subsection (4)(c) and the consequential entries, changes, cancellations and notes referred to in the final words of subsection (4) may be made at any time after the Registrar becomes aware of the necessity or desirability to make them and without any application to him. | ||
(6) A certificate of redemption is a conveyance for the purposes of the Registration of Deeds Acts and, for those purposes the rent-payer is the grantor. | ||
(7) The enlargement of a leasehold estate effected by virtue of subsection (2)- | ||
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(8) Save as provided in subsection (9), this section does not affect the rights of a third person, and, in particular,- | ||
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(9) So far as the rights of a third person consist of a right to payment of a sum of money charged on or issuing out of a ground rent or superior rent that is redeemed, that sum becomes charged on or payable out of the redemption money (or the share of the redemption money to which the person liable to pay that sum is entitled), and is recoverable as a debt. | ||
(10) For the purposes of subsections (7) to (9) a third person is a person other than- | ||
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(11) For the purposes of subsections (1) and (2), matters are connected with rent if they are concerned with the amount of the rent or its payment or recovery or are otherwise concerned (directly or indirectly) with the rent. | ||
Continuance of rights and equities affecting leasehold estate | 14. - (1) The fee simple estate into which a leasehold estate is enlarged by virtue of section 13(2) is for all purposes (except as provided in section 16(1)) a graft on the leasehold estate and is subject to any rights or equities arising from its being such a graft. | |
(2) Without prejudice to the generality of subsection (1), that subsection applies to rights and equities which had been created or had come into existence in relation to a superior estate, and which bound the leasehold estate, notwithstanding the extinguishment of the superior estate. | ||
(3) Any provision of a will in respect of such a leasehold estate operates instead on the fee simple. | ||
Mortgages and leases | 15. - (1) Where by virtue of section 13(2) a certificate of redemption operates to enlarge a leasehold estate into a fee simple,- | |
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(2) Where the land is subject to a mortgage by the terms of which the mortgagee is entitled to possession of the documents relating to the mortgagor's title to the land, there is deemed to be included in the instrument or agreement containing the terms of the mortgage a covenant binding the mortgagor to deliver the certificate of redemption to the mortgagee as soon as reasonably practicable after the redemption date. | ||
(3) This section does not prejudice the generality of section 14. | ||
Covenants | 16. - (1) Except as provided by this section, in the following event, that is to say- | |
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all covenants concerning the land by virtue of the rent-payer's fee farm grant or lease, or any superior fee farm grant or lease, or any collateral instrument, cease to have effect. | ||
(2) Covenants of the following kinds continue to benefit or, as the case may be, burden the land, that is to say- | ||
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(3) After the event mentioned in paragraph (a) or (b) (whichever is applicable) of subsection (1) (whether that event occurs in relation to both parties or only one party), a covenant categorizing a boundary wall or fence as a party wall or fence has effect as a covenant by each party to contribute one-half of the cost of maintaining, repairing or renewing the wall or fence. | ||
(4) Subsection (2) does not apply to any covenant which is expressed to bind only the covenantor. | ||
(5) Where a covenant to which subsection (2) applies is framed in terms of a condition or limitation, it has effect following the redemption of the ground rent as though it were framed as a covenant (in the strict sense). | ||
(6) Article 45 of the Property (Northern Ireland) Order 1997 (NI 8) (enforcement of covenants) applies in relation to a covenant to which paragraph (2) applies as it applies in relation to a covenant to which Article 34 of that Order applies. | ||
(7) In subsection (2)(i)- | ||
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Enforceability of covenants | 17. - (1) A covenant to which section 16(2)(a) applies is enforceable by the covenantee and his successors in title but only against the person against whom the covenant was enforceable immediately before the event mentioned in paragraph (a) or (b) of section 16(1). | |
(2) A covenant to which section 16(2)(b) applies is enforceable by the covenantee and his successors in title against the covenantor and his successors in title. | ||
(3) A covenant to which section 16(2)(c) applies (with or without section 16(3)) is enforceable by each party and his successors in title against the other party and his successors in title. | ||
(4) Subject to subsection (6), a covenant to which section 16(2)(d), (e), (g), (h) or (j) applies is enforceable by or against the same person as it would have been enforceable by or against had the ground rent not been redeemed (and for this purpose a person taking conveyance of the estate in fee simple which is vested in a rent-payer following redemption of the ground rent payable under a lease is in the same position as an assignee of the lease would have been in had there been no redemption). | ||
(5) A covenant to which section 16(2)(f) applies is enforceable against the person who is or was the rent-payer in relation to the property which has been damaged or destroyed, and his successors in title, by any other person who is or was a rent-payer in relation to the same rent-owner in respect of land the value or amenities of which have been affected by the damage or destruction, or by the successors in title of such another person. | ||
(6) For the purposes of the enforcement of the covenants for the protection of amenities to which section 16(2)(g) applies, after the first operation of section 16 in respect of a parcel of any land there is to be taken to subsist (if it does not subsist apart from this provision) a building scheme in respect of the land in which all the persons holding parcels under dispositions in substantially similar terms from the same rent-owner, and the successors in title of those persons, are participants, and accordingly- | ||
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and a covenant to which section 16(2)(g)(iv) applies is also, so far as it relates to the tending of vegetation, enforceable by any such participant against the covenantor and his successors in title. | ||
(7) A covenant to which subsection (4) or (6) applies which is restrictive in substance or relates to permission is also enforceable by any person by whom it is enforceable under that subsection against any person occupying or using the land. | ||
(8) For the purposes of subsection (6)- | ||
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(9) A covenant to which section 16(2)(i) applies continues to be enforceable by each participant in the building scheme against every other participant and by and against their respective successors in title. | ||
(10) In this section "building scheme" has the meaning given in section 16(7). | ||
General provisions | ||
Settled land | 18. - (1) In the application of this Act to settled land which is subject to or includes or comprises a ground rent- | |
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(2) Capital money of a settlement, and any personal estate held on the same trusts as the settled land, may be applied in payment of redemption money or of any costs incurred for the purposes of this Act (and, accordingly, the limited owner may look to the trustees of the settlement for reimbursement of redemption money paid by him, other than money raised by him on the security of the settled land or part of it). | ||
(3) Redemption money receivable is capital money for the purposes of a settlement. | ||
(4) The payment of redemption money is included among the purposes for which a limited owner or the trustees of a settlement may raise money. | ||
(5) In this section- | ||
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and "settlement" and "capital money" have the same meaning as in those Acts. | ||
Cesser of Act of 1971 as to enlargement of leases to which this Act applies | 19. No notice of a proposal to acquire the fee simple shall be served under section 2 of the Act of 1971 in respect of any land subject to a ground rent which may be redeemed under section 1. | |
Avoidance of certain agreements | 20. Except so far as expressly provided by this Act, so much of any agreement as provides that any provision of this Act shall not apply in relation to a person or any land or that the application of any such provision shall be modified in relation to a person or any land is void. | |
Mental patients | 21. - (1) Where a rent-payer, a rent-owner or a superior owner is incapable, by reason of mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986 (NI 4), of managing and administering his property and affairs, his controller or (if no controller is acting for him) any person authorised in that behalf under an order of the High Court may represent him for all or any of the purposes of this Act. | |
(2) Subsection (1) does not prejudice the powers of a person appointed attorney under an enduring power of attorney which has taken effect. | ||
Service of documents | 22. - (1) Any document permitted or required by this Act to be served on a rent-owner is duly served on him if it is served- | |
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(2) Any document permitted or required by this Act to be served on a rent-owner or a rent-payer may, where joint tenants or tenants in common are the rent-owners or rent-payers of any ground rent, be served on any one of them in respect of that rent, and such service shall be taken to be service on both or all of them. | ||
(3) Where the estate of a rent-owner is subject to a mortgage and either the mortgagee is in possession or a receiver is in receipt of the rents and profits, any document required or permitted by this Act to be served on the rent-owner may, instead, be served on the mortgagee or the receiver, as the case may be. | ||
Disputes | 23. - (1) Any question arising as to the matters mentioned in subsection (4) may be referred to the Registrar in accordance with rules. | |
(2) On a reference under subsection (1), the Registrar may, after or without holding a hearing (as he sees fit),- | ||
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(3) A person aggrieved by a determination of a question by the Registrar under subsection (2)(a) may appeal to the Lands Tribunal, and on such an appeal, or on a reference under subsection (2)(b), the Tribunal may determine the question. | ||
(4) The matters referred to in subsection (1) are- | ||
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(5) Section 2 of the Land Registration Act (power of Registrar to summon witnesses) applies for the purposes of this Act as if the reference in subsection (1) of that section to any matter relating to registration under that Act included any question arising as mentioned in subsection (1). | ||
(6) Section 85(3)(m) of the Land Registration Act (rules about award of costs by Registrar) applies also to the costs incurred on, or subsequent to, a reference to the Registrar under this section. | ||
(7) An appeal from an award of costs by the Registrar under this section, or from his refusal to award costs, lies to the Lands Tribunal. | ||
(8) An award of costs by the Registrar is a money judgment for the purposes of Article 4 of the Judgments Enforcement (Northern Ireland) Order 1981 (NI 6). | ||
Offences | 24. - (1) A person who, in any document made, served or lodged under this Act- | |
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is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale. | ||
(2) For the purposes of subsection (1) a statement is made recklessly if it is made regardless of whether it is true or false, whether or not the person making it had reasons for believing that it might be false. | ||
(3) In this section "false" means false to a material degree. | ||
Civil remedy for misstatement | 25. - (1) Subject to subsection (2), where in consequence of any misstatement made in any document made, served or lodged under this Act a person has suffered loss, the person who made the misstatement is liable to damages in respect of the misstatement notwithstanding that the misstatement was not made fraudulently. | |
(2) A person is not liable under subsection (1) if he proves that he had reasonable grounds to believe and did believe that the facts represented were true. | ||
Fees and rules | 26. - (1) An order under subsection (1) of section 84 of the Land Registration Act may prescribe the fees to be taken in the Land Registry for the purposes of this Act as well as for the purposes of that Act, and accordingly references in that section to that Act includes references to this Act and the reference to expenses of the Land Registry attributable to its registration functions includes a reference to expenses attributable to any function conferred by this Act on the Registrar. | |
(2) Land Registry Rules under subsection (3) of section 85 of the Land Registration Act may be made for giving effect to this Act as well as for giving effect to that Act, and accordingly in the introductory words of that subsection, and in paragraphs (a), (k) and (n) of that subsection, references to that Act include references to this Act, and in paragraphs (c), (f) and (j) references to the register include the register kept under section 5(2). | ||
(3) For the purposes of this Act, the reference in section 85(3)(k) of the Land Registration Act to documents to be given includes documents to be served or lodged. | ||
(4) Rules may make such provisions (including modifications of this Act) as are necessary or expedient to give effect to the purposes of this Act in cases falling within section 18. | ||
(5) Rules may require the authentication in a prescribed manner of a copy of a document, where the copy is permitted or required by or under this Act to be lodged or delivered or is deemed by rules to be that document. | ||
Interpretation | ||
General interpretation | 27. - (1) In this Act- | |
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(2) Without prejudice to section 17, references in this Act to a rent-owner, a rent-payer or a superior owner include references to their respective successors in title. | ||
(3) For the purposes of this Act a lease which is, by virtue of Article 37 of, and Schedule 3 to, the Property (Northern Ireland) Order 1997 (NI 8) to be construed as a lease for a term of any period is deemed to have been originally granted for a term of that period and the fact (if it is the case) that the lease is determinable after any event is to be ignored. | ||
(4) Expressions used in this Act which are defined in the Land Registration Act, but not in this Act, have the same meaning in this Act as in that Act. | ||
Interpretation: "ground rent" | 28. - (1) In this Act "ground rent" means- | |
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other than a nominal rent. | ||
(2) In subsection (1) "nominal rent" means- | ||
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(3) For the purposes of this Act where a ground rent is payable if demanded (however expressed), it shall be treated as payable even though there is no demand. | ||
(4) Where the amount of a ground rent is subject to alteration in consequence of a breach of covenant (whether it is to be increased from a lower amount to a higher amount in the event of a breach or is subject to reduction from a higher amount to a lower amount so long as there is no breach), for the purposes of this Act the amount of the ground rent is the lower amount. | ||
Interpretation: "dwelling-house" | 29. - (1) In this Act "dwelling-house" means land used wholly for the purposes of a private dwelling (and, for the purposes of this Act, land is so used if it comprises or includes a building constructed or adapted for those purposes and (subject to subsection (2)) is not used for any other purpose). | |
(2) For the purposes of this Act land is not to be treated as used otherwise than wholly for the purposes of a private dwelling by reason only of one or more than one of the following circumstances- | ||
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sSupplementary provisions | ||
Application to the Crown | 30. This Act binds the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland. | |
Amendments and repeals | 31. - (1) The statutory provisions specified in Schedule 2 have effect subject to the amendments there specified. | |
(2) The statutory provisions specified in the first column of Schedule 3 are hereby repealed to the extent specified in the second column of that Schedule. | ||
Commencement | 32. - (1) The preceding provisions of this Act shall come into operation on such day or days as the Department of Finance and Personnel may by order appoint. | |
(2) An order under this section may contain transitional provisions and savings. | ||
Short title | 33. This Act may be cited as the Ground Rents Act (Northern Ireland) 2001. | |
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Ground Rents Act (Northern Ireland) 2001 | ||
S c h e d u l e s | ||
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SCHEDULE 1 | |
THE REDEMPTION MONEY | ||
The redemption money -general provisions | ||
1. The redemption money appropriate to a ground rent is the sum produced by multiplying the yearly amount of the ground rent by the figure fixed under paragraph 2 as the number of years purchase applicable to that ground rent. | ||
2. The Department of Finance and Personnel may by order made subject to negative resolution fix a figure as being the number of years purchase applicable to ground rents or to ground rents of a particular class or description. | ||
Ground rent under building lease, etc. | ||
3. - (1) This paragraph applies for the purpose of determining, for the purposes of paragraph 1, the yearly amount of a ground rent- | ||
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(2) Subject to sub-paragraph (3), the yearly amount of the ground rent is to be taken to be the greatest annual amount that can become payable in accordance with the agreement (assuming, where an increase is dependent on a contingency, that the contingency will happen). | ||
(3) The amount arrived at under sub-paragraph (2) is subject to such abatement as is appropriate to take account of the period or periods during which ground rent would be payable, or likely to be payable, at a reduced rate in accordance with the agreement if the ground rent were not redeemed. | ||
(4) In this paragraph "contingency" does not include a breach of covenant such as is mentioned in section 28(4). | ||
Ground rent subject to future increase | ||
4. - (1) This paragraph applies for the purpose of determining, for the purposes of paragraph 1, the yearly amount of a ground rent which is subject to a provision for its increase, on a date or dates falling after the application date, by- | ||
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(2) Where the date for any such increase falls after the expiration of the relevant period, the provision for that increase is to be ignored. | ||
(3) Where the date for any such increase falls within the relevant period, the yearly amount of the ground rent shall be determined in such manner as may be specified in an order under paragraph 2. | ||
(4) In this paragraph "the relevant period", in relation to a ground rent, means the period commencing on the application date and consisting of the number of years fixed by order under paragraph 2 as the number of years purchase applicable to ground rents (or, as the case may be, applicable to ground rents of the same class or description as that ground rent). | ||
Ground rent subject to periodic review | ||
5. - (1) This paragraph applies for the purpose of determining, for the purposes of paragraph 1, the yearly amount of a ground rent which is subject to periodic review having regard to circumstances current at the time of the review. | ||
(2) If the application date is within one year after the date of- | ||
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the yearly amount of the ground rent is to be taken to be its amount as created or, as the case may be, its amount immediately following the implementation of the review. | ||
(3) If the application date is more than one year after the date of the creation of the ground rent or its review (or most recent review), the yearly amount of the ground rent is to be taken to be that which it would have been if the ground rent had been reviewed on the anniversary of the date of its creation last preceding the application date in accordance with all the provisions for review except any provision about the dates of, or the length of periods between, reviews. | ||
(4) For the purposes of this paragraph, a single review the occasion for which has not yet arisen or arrived is a periodic review. | ||
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Ground Rents Act (Northern Ireland) 2001 | |||||||||||||||||||||||||||||||||||
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SCHEDULE 2 | ||||||||||||||||||||||||||||||||||
AMENDMENTS | |||||||||||||||||||||||||||||||||||
The Land Registration Act (Northern Ireland) 1970 (c. 18) | |||||||||||||||||||||||||||||||||||
1. In Schedule 5, in Part I, after entry 15 insert- | |||||||||||||||||||||||||||||||||||
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The Property (Northern Ireland) Order 1997 (NI 8) | |||||||||||||||||||||||||||||||||||
2. - (1) In Article 2(2) in the definition of "covenant" for the words in brackets substitute "(except in Article 34)". | |||||||||||||||||||||||||||||||||||
(2) In Article 2(2) in the definition of "prescribed" for the words in brackets substitute "(except in Article 46(1))". | |||||||||||||||||||||||||||||||||||
(3) In Article 30(6) for "Article 7(7)" substitute "section 3(7) of the Ground Rents Act (Northern Ireland) 2001". | |||||||||||||||||||||||||||||||||||
(4) In Article 34(2)(e) for "Article 25" substitute "section 16 of the Ground Rents Act (Northern Ireland) 2001". | |||||||||||||||||||||||||||||||||||
(5) In Article 35- | |||||||||||||||||||||||||||||||||||
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(6) After Article 35 insert- | |||||||||||||||||||||||||||||||||||
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(7) In Article 46(1) and (2) for "Parts II and III" substitute "Part III". | |||||||||||||||||||||||||||||||||||
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Ground Rents Act (Northern Ireland) 2001 | |||||||||||||||||||||||||||||||||||||||||
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SCHEDULE 3 | ||||||||||||||||||||||||||||||||||||||||
REPEALS | |||||||||||||||||||||||||||||||||||||||||
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