MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964

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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 76



76.(1) This section and sections 77 to 81 shall apply to

(a)any lands or premises which are let by any landlord from quarter to quarter
or for any lesser period of time, at a rent not exceeding the rate of [one
hundred and ten pounds] a year;

(b)any lands or premises into which any person has been put by permission of
the owner as servant, herdsman or caretaker;

(c)any lands or premises the possession of which under the provisions of any
enactment in force immediately before the commencement of this Part was
recoverable summarily under or in accordance with Part IV of the Summary
Jurisdiction Act (Northern Ireland) 1935 or under and in accordance with
sections 84, 85 and 89 of the Landlord and Tenant Law Amendment Act, Ireland,
1860;

(2) For the purposes of this section and any other enactment conferring
jurisdiction in ejectment on a court of summary jurisdiction, any attempted
letting to which section 1(1) of the Rent Restriction (Defective Tenancies)
Act (Northern Ireland) 1944 or section 9(1) of the Rents Tribunals (Extention
of Jurisdiction) Act (Northern Ireland) 1954 [applied] shall be deemed to be a
valid letting.

(3) Where

(a)the term or interest of the tenant in any premises is ended or has been
determined by a notice to quit, and the tenant, or (if the tenant does not
himself occupy the premises or occupies only part thereof) the person by whom
the premises or any part thereof are occupied, neglects or refuses to deliver
up possession of the same; or

(b)any person is put into possession of any premises by permission of the
owner as servant, herdsman or caretaker and that person (or any other person
claiming through or under him) refuses or omits to quit and deliver up
possession of the premises on demand made by the owner thereof or his known
agent or receiver; or

(c)the landlord or owner of the premises is entitled to recover or take
possession of the premises under or in accordance with any of the provisions
referred to in subsection (1)(c);

(4) If the tenant or occupier does not appear before the
court of summary jurisdiction or appears, but does not show to the
satisfaction of the court cause why possession should not be given, the court
may order the issue of a decree directing that the landlord or owner be put
into possession of the premises.

(5) Proceedings under this section are in this Act referred to as "ejectment
proceedings" and the person on whose behalf the process is issued is in
this Act referred to as the "plaintiff".

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Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 76