RENT (NORTHERN IRELAND) ORDER 1978

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RENT (NORTHERN IRELAND) ORDER 1978 - SECT 18



18.(1) Any person who requires the payment of any pecuniary consideration for
entering into such an agreement as is referred to in Article 17(1) shall be
guilty of an offence and liable to a fine not exceeding #400.

(2) The court by which a person is convicted of an offence under paragraph (1)
may order the amount of the payment to be repaid by the person to whom it was
paid.

(3) Without prejudice to paragraph (2), the amount of any such payment as is
referred to in paragraph (1) shall be recoverable by the person by whom it was
made

(a)by proceedings for its recovery, or

(b)if it was made to the landlord by a person liable to pay rent to the
landlord, by deduction from any rent so payable.

(4) Notwithstanding anything in paragraph (1), if apart from this Article he
would be entitled to do so, the outgoing tenant may require the payment by the
incoming tenant

(a)of so much of any outgoings discharged by the outgoing tenant as is
referable to any period after the transfer date;

(b)of a sum not exceeding the amount of any expenditure reasonably incurred by
the outgoing tenant in carrying out any structural alteration of the dwelling
or in providing or improving fixtures therein, being fixtures which, as
against the landlord, the outgoing tenant is not entitled to remove;

(c)where the outgoing tenant became a tenant of the dwelling by virtue of an
assignment of the previous protected tenancy, of a sum not exceeding any
reasonable amount paid by him to his assignor in respect of expenditure
incurred by the assignor, or by any previous assignor of the tenancy, in
carrying out any such alteration or in providing or improving any such
fixtures as are mentioned in sub-paragraph (b); or

(d)where part of the dwelling is used as a shop or office, or for business,
trade or professional purposes, of a reasonable amount in respect of any
goodwill of the business, trade or profession, being goodwill transferred to
the incoming tenant in connection with his becoming a statutory tenant of the
dwelling or accruing to him in consequence thereof.

(5) In this Article "outgoing tenant", "incoming tenant", "the transfer date"
and "the dwelling" have the same meanings as in Article 17.

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Northern Irish Legislation

RENT (NORTHERN IRELAND) ORDER 1978 - SECT 18