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Question: Cedric runs a tobacconist/news agency business in Northern Ireland from premises that he has leased from Heurelho since 2012. The premises are located adjacent to the gates of a school and because trade is poor during school holidays, Cedric closes his business at such times and goes on extended foreign trips.

Heurelho suspects that Cedric’s principal income derives from the sale of cigarettes to children, however, it has been so far impossible to prove this and Cedric has not prima facie broken any covenant in his lease.

Cedric’s lease will soon expire and Heurelho does not want to renew it but instead wants to either run a similar business on the premises himself, or alternatively, demolish the premises and redevelop the land.

Considering relevant cases, advise Heurelho of the requirements of the Business Tenancies (NI) Order 1996 and how they would impact on his plans. Explain how your answer would differ (if at all) if Cedric was actually convicted of the illegal sale of tobacco on the premises.

Answer: Cedrics business is situated in Northern Ireland therefore the legislation that governs this area of law is the Business Tenancies (NI) Order 1996. Had the business been situated in England or Wales, the relevant law would be the Landlord and Tenant Act 1954. The first legal issue to establish is whether Cedrics tenancy falls within the scope of the Business Tenancies (NI) Order 1996. In doing so, it must establish whether Cedric can be protected or not. The scope of the order is defined in Article 3 which consists of 5 elements and Cedric’s lease must satisfy all 5 elements in order to secure tenure by the Order. • Element 1 – defines tenancies that are not protected under the order and these can be found under article 4, they include for example agricultural leases, mining leas......(short extract)

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Details: - Mark: Not available | Course: Company Law | Year: 1st | Words: 977 | References: No | Date written: January, 2017 | Date submitted: May 11, 2017 | Coursework ID: 1027

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