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RENT (NORTHERN IRELAND) ORDER 1978 - SECT 22



22.(1) Any reference in this Article to a notice of increase is a reference to
a notice of increase under Article 21(2).

(2) A notice of increase must be in the prescribed form.

(3) The date specified in a notice of increase shall not be earlier than

(a)the date on which the registered rent to which it relates takes effect; nor

(b)four weeks after the service of the notice.

(4) Where the registered rent for a dwelling-house is increased by virtue of
an order made under Article 33, any notice of increase of that rent which
gives effect to that increase shall not take effect earlier than four weeks
after the commencement of that order.

(5) Neither a notice of increase nor Article 21 shall operate to increase the
rent under a regulated tenancy for any contractual period, except in so far as
may be consistent with the terms of the tenancy.

(6) Notwithstanding that a notice of increase relates to statutory periods it
may be served during a contractual period.

(7) Where

(a)a notice of increase is served during a contractual period of a protected
tenancy; and

(b)the protected tenancy could, by a notice to quit served by the landlord at
the same time, be brought to an end before the date specified in the notice of
increase.

(8) If the county court is satisfied that any error or omission in a notice of
increase is due to a bona fide mistake on the part of the landlord

(a)the court may by order amend the notice by correcting any errors or
supplying any omission therein which, if not corrected or supplied, would
render the notice invalid; and

(b)if the court so directs, the notice as so amended shall have effect and be
deemed to have had effect as a valid notice.

(9) Any amendment of a notice of increase under paragraph (8) may be made on
such terms and conditions with respect to arrears of rent or otherwise as
appear to the court to be just and reasonable.

(10) No increase of rent which becomes payable by reason of an amendment of a
notice of increase under paragraph (8) shall be recoverable in respect of any
statutory period which ended more than six months before the date of the order
making the amendment.



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© 1978 Crown Copyright

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