Made | 7th June 2006 | ||
Coming into operation in accordance with Article 1(2) and (3) |
1. | Title and commencement |
2. | General interpretation |
3. | Meaning of "private tenancy" |
4. | Tenant to be given notice regarding certain matters |
5. | Tenant to be provided with a rent book |
6. | Application of Articles 7 to 11 |
7. | Landlord's duties to repair |
8. | Care of premises by tenant |
9. | Landlord's obligations under private tenancy of parts of building |
10. | General qualifications on landlord's duties |
11. | Standard of repair and knowledge of disrepair |
12. | Entry and inspection of premises |
13. | Tenancies to be for a term certain |
14. | Length of notice to quit |
15. | Interpretation: Part III |
16. | Application of this Part |
17. | Determining fitness for human habitation |
18. | Notice of unfitness |
19. | Notice of disrepair |
20. | Matters to be taken into consideration by appropriate district council |
21. | Consultation with the Executive |
22. | Appeal against notice of unfitness or notice of disrepair |
23. | Operative date of notice of unfitness or notice of disrepair |
24. | Offence of failing to comply with notice of unfitness or notice of disrepair |
25. | Enforcement of notice of unfitness or notice of disrepair |
26. | Power to require payment for enforcement action |
27. | Power to enter dwelling-houses |
28. | Obstruction |
29. | Repairs grants |
30. | Interpretation: Part IV |
31. | Meaning of "prescribed dwelling-house" |
32. | Interpretation: Chapter II |
33. | Landlord's application to have dwelling-house inspected |
34. | Landlord's application: ancillary provisions |
35. | Tenant's application to have dwelling-house inspected |
36. | Functions of the appropriate district council |
37. | Appeal to county court |
38. | Cessation of certificate of fitness |
39. | Interpretation: Chapter III |
40. | Tenancies subject to rent control |
41. | The rent officer and rent assessment committees |
42. | Determination of an appropriate rent |
43. | Procedure after determination |
44. | Consideration by a rent assessment committee |
45. | Change of circumstances |
46. | The register of rents |
47. | Removal of tenancies from the register of rents |
48. | The rent limit |
49. | Increase of rent |
50. | Rent in excess of rent limit to be irrecoverable by landlord |
51. | Recoupment of sums paid in excess of rent limit |
52. | Recoupment where landlord in default |
53. | Recoupment of rates, etc. from tenants |
54. | Amounts attributable to services |
55. | Review of registered rents |
56. | Tenancies which are protected tenancies |
57. | No further protected tenancies |
58. | Premises with a business use |
59. | Assignment and sub-letting |
60. | Unlawful eviction, etc. |
61. | Restriction of statutory tenancy by succession |
62. | Provision of directions and guidance to district councils |
63. | Publication of information to assist landlords and tenants |
64. | Collection of information about tenancies |
65. | Information as to ownership of dwelling-houses |
66. | Service of notices on landlord's agents |
67. | Method of serving certain documents |
68. | Prosecution of offences |
69. | Defective premises |
70. | Prohibition of agreements excluding Order |
71. | Application to Crown property |
72. | Regulations |
73. | Further provision |
74. | Minor and consequential amendments |
75. | Repeals |
Schedule 1 | The rent officer and rent assessment committees |
Schedule 2 | Consideration of determinations by rent assessment committees |
Schedule 3 | Calculation of amount of rates |
Schedule 4 | Minor and consequential amendments |
Schedule 5 | Repeals |
Meaning of "private tenancy"
3.
—(1) In this Order "private tenancy"–
(b) includes, except where the context otherwise requires, a protected tenancy and a statutory tenancy.
(2) Those tenancies are–
or is held in trust for Her Majesty for the purposes of a government department; and
(c) a tenancy the purpose of which is to confer on the tenant the right to occupy a dwelling-house for a holiday.
(3) In paragraph (2)(b)–
(3) A tenant shall not be required to make a payment in respect of the provision of a rent book.
(4) If the landlord under a private tenancy fails to comply with paragraph (1), he and, subject to paragraph (6), any person who on his behalf demands or receives rent in respect of the dwelling-house held under that tenancy while the failure continues, shall be guilty of an offence under this Order.
(5) If any default in respect of which a landlord is convicted of an offence under paragraph (4) continues for more than 14 days after that conviction, that landlord shall be deemed to have committed a further offence under that paragraph in respect of that default.
(6) If any person other than the landlord is charged with an offence under paragraph (4), it shall be a defence for him to prove that he neither knew nor had reasonable cause to believe this Article had not been complied with.
but only in so far as those provisions are not inconsistent with any express provision in the contract of tenancy.
Landlord's duties to repair
7.
—(1) The landlord under a private tenancy–
(2) The duty imposed by paragraph (1)(a) includes a duty to keep exterior paintwork in reasonable order.
(3) In this Article "structure and exterior" includes drains, gutters and external pipes.
Care of premises by tenant
8.
The tenant under a private tenancy–
Landlord's obligations under private tenancy of parts of building
9.
Where a dwelling-house let under a private tenancy consists of a part of a building and the tenant under the private tenancy is entitled to the use (whether with others or not) for access or other purposes of other parts of the building or its curtilage, the landlord shall–
General qualifications on landlord's duties
10.
The duties imposed on the landlord by Articles 7 and 9 do not require the landlord–
(c) to rebuild or re-instate the dwelling-house in the case of destruction or damage by fire, or by tempest, flood or other inevitable accident.
Standard of repair and knowledge of disrepair
11.
—(1) In determining the standard of repair required by virtue of Articles 7 to 9, regard is to be had to the age, character and prospective life of the premises.
(2) A landlord is not under a duty to carry out works by virtue of Articles 7 and 9 unless he has actual knowledge (whether because of notice given by the tenant or otherwise) of the need for those works.
(2) Where–
the landlord may apply to the county court for an order empowering him, and persons authorised by him for the purpose, to enter the dwelling-house and carry out the works.
(3) An order under paragraph (2) may be made subject to conditions as to–
as the court may think fit.
(4) Where, in the exercise of powers conferred by this Article, any damage is caused to the premises or any property in or on the premises by the landlord or any person authorised by him, the landlord shall make that damage good.
the tenancy shall take effect for a term certain of 6 months, beginning on the day on which the tenant is entitled to take possession of the dwelling-house.
(2) Nothing in this Article applies to a statutory tenancy.
Length of notice to quit
14.
—(1) A notice by a landlord or tenant to quit a dwelling-house let under a private tenancy shall not be valid unless it is given in writing not less than 4 weeks before the date on which it is to take effect.
(2) Paragraph (1) applies whether the private tenancy was granted before or after the commencement of this Order.
Application of this Part
16.
This Part applies in relation to any dwelling-house which is for the time being let under a private tenancy.
Determining fitness for human habitation
17.
—(1) Article 46 of the Housing (Northern Ireland) Order 1981 (NI 3) (standard of fitness for human habitation) shall apply in determining for the purposes of this Order whether a dwelling-house is fit for human habitation.
(2) In its application for those purposes, that Article shall have effect as if for any reference to the Executive there were substituted a reference to the appropriate district council.
it may, subject to the provisions of this Part, serve a notice of unfitness under this paragraph on the owner of the dwelling-house.
(2) Where the appropriate district council is satisfied–
it may, subject to the provisions of this Part, serve a notice of unfitness under this paragraph on the owner of the building.
(3) The appropriate district council, in addition to serving a notice of unfitness in accordance with paragraph (1) or (2)–
(b) may also serve a copy of the notice on any other person having an estate in the dwelling-house.
(4) A notice of unfitness shall–
(5) This Article is subject to Article 21.
Notice of disrepair
19.
—(1) Where the appropriate district council is satisfied–
it may, subject to the provisions of this Part, serve a notice of disrepair under this paragraph on the owner of the dwelling-house.
(2) Where the appropriate district council is satisfied–
it may, subject to the provisions of this Part, serve a notice of disrepair under this paragraph on the owner of the building.
(3) The appropriate district council, in addition to serving a notice of disrepair in accordance with paragraph (1) or (2)–
(4) A notice of disrepair shall–
Matters to be taken into consideration by appropriate district council
20.
—(1) Without prejudice to the generality of Article 62, guidance issued under that Article may include guidance as to matters that the appropriate district council is to take into consideration in deciding whether serving a notice of unfitness or a notice of disrepair (as the case may be) is the most satisfactory course of action in respect of a dwelling-house.
(2) In particular such guidance may include guidance in respect of financial and social considerations to be taken into account by the appropriate district council.
(3) Where the Department proposes to issue guidance which is or includes guidance under paragraph (2), or to revise such guidance, it shall lay a draft of the guidance or revised guidance before the Assembly.
(4) The Department shall not issue such guidance or revised guidance until after the expiration of the statutory period and, if within that period the Assembly resolves that the guidance or revised guidance is not to be issued, the Department shall not issue it (but without prejudice to the laying of a further draft).
Consultation with the Executive
21.
—(1) Before serving a notice of unfitness in respect of a dwelling-house, the appropriate district council shall consult the Executive.
(2) The appropriate district council shall not serve a notice of unfitness if the Executive indicates–
(3) Nothing in this Article requires the Executive to serve a repair notice under paragraph (1) or (2) of Article 41 of the Housing (Northern Ireland) Order 1981.
Appeal against notice of unfitness or notice of disrepair
22.
—(1) Any person aggrieved by a notice of unfitness or notice of disrepair may, within 21 days from the date of service of the notice, appeal to the county court.
(2) Without prejudice to the generality of paragraph (1), it shall be a ground of appeal that serving the notice is not the most satisfactory course of action.
(3) On an appeal under this Article the county court may confirm, quash or vary the notice as it considers fit.
(4) Where an appeal under this Article is allowed and the reason or one of the reasons for allowing the appeal is that specified in paragraph (2) the judge shall, if requested to do so by the appellant or the appropriate district council, include in his judgment a finding to that effect.
Operative date of notice of unfitness or notice of disrepair
23.
—(1) If no appeal is brought under Article 22 against a notice of unfitness or notice of disrepair, the notice shall become operative on the expiration of 21 days from the date of service of the notice.
(2) Any notice against which an appeal is brought shall, if and so far as it is confirmed by the county court or the Court of Appeal, become operative as from the date of the final determination of the appeal.
(3) For the purposes of this Article, an appeal shall be deemed to be finally determined on the date on which the decision of the Court of Appeal is given, or, in a case where an appeal from the county court is not brought to the Court of Appeal, upon the expiration of the period within which such an appeal might have been brought.
(4) For the purposes of this Article, the abandonment of an appeal shall be deemed to be a final determination thereof, having the like effect as a decision confirming the notice, order or decision against which the appeal was brought.
(5) No steps shall be taken by the appropriate district council to enforce a notice of unfitness or notice of disrepair before the notice becomes operative.
(3) If any default in respect of which a person is convicted of an offence under paragraph (1) continues for more than 14 days after that conviction, that person shall be deemed to have committed a further offence under that paragraph in respect of that default.
(4) The obligation to execute the works specified in the notice continues notwithstanding that the period for completion of the works has expired.
(5) The provisions of this Article are without prejudice to the exercise by the appropriate district council of the powers conferred by Article 25.
Enforcement of notice of unfitness or notice of disrepair
25.
—(1) If a notice of unfitness or notice of disrepair is not complied with within the appropriate period, the appropriate district council may itself do the work required to be done by the notice or, where the notice has been varied by the court on appeal, by the notice as so varied.
(2) In paragraph (1), "the appropriate period" has the meaning given in Article 24(2).
(3) Where the appropriate district council proposes to exercise its powers under paragraph (1), it may authorise a person to enter the dwelling-house in accordance with Article 27(2).
(4) Subject to paragraph (5), any expenses incurred by the appropriate district council under this Article, together with interest at the prescribed rate from the date when a demand for the expenses is served until payment, may be recovered by the council summarily as a civil debt from the person upon whom the notice was served.
(5) Where the appropriate district council claims to recover any expenses from a person as being the person upon whom the notice was served and that person proves that he–
his liability shall be limited to the total amount of the money which he has, or has had, in his hands.
(6) Any expenses and interest due to the appropriate district council under this Article shall, until recovered, be deemed to be charged on and payable out of the estate of the person responsible in the land, in relation to which they have been incurred.
(7) For the purposes of paragraph (6)–
(8) The charge created by paragraph (6) shall be enforceable in all respects as if it were a valid mortgage by deed created in favour of the appropriate district council by the person on whose estate the charge has been created (with, where necessary, any authorisation or consent required by law) and the appropriate district council may exercise the powers conferred by sections 19, 21 and 22 of the Conveyancing Act 1881 on mortgages by deed accordingly.
(9) There shall be included among the matters required to be registered in the Statutory Charges Register any charge created under paragraph (6).
(10) An application for registration of such a charge shall be made by the appropriate district council within 2 months from the date when a demand is served under paragraph (4).
Power to require payment for enforcement action
26.
—(1) The appropriate district council may require a person upon whom a notice of unfitness or a notice of disrepair has been served to make such reasonable payment as it considers appropriate in respect of the administrative and other expenses incurred by it in connection with serving the notice.
(2) The expenses are those incurred in–
(3) The amount of the payment shall not exceed such amount as the Department may specify by order made subject to negative resolution.
(4) Where a court allows an appeal against a notice of unfitness or notice of disrepair, it may make such order as it thinks fit reducing, quashing or requiring reimbursement of any payment under this Article in respect of the notice.
(5) Nothing in Article 25 shall prejudice the power of a district council to require a payment under this Article.
Power to enter dwelling-houses
27.
—(1) A person authorised by the appropriate district council in relation to this paragraph may, at any reasonable time and having given at least 24 hours' notice to the occupier, and to the owner if known, enter a dwelling-house to which this Part applies for the purpose of survey or examination–
(2) A person authorised by the appropriate district council under Article 25(3) may, at any time and having given at least 6 days' notice of his intention to do so to the occupier, and to the owner if known, enter any dwelling-house for the purpose of doing any work required to be done in relation to the dwelling-house by a notice of unfitness or a notice of disrepair or, as the case may be, by such a notice as varied by the county court under Article 22(3).
(3) An authorisation for the purposes of this Article–
Obstruction
28.
A person, who obstructs–
in the performance of functions under this Part, shall be guilty of an offence under this Order.
(3) After that paragraph there shall be inserted–
(4) In paragraph (2), the words from "to whom" to "may be," shall be omitted.
(5) In Schedule 3 to the Housing (Northern Ireland) Order 1992 (provisions with respect to repairs grants), in sub-paragraph (4) of paragraph 2, for the words from "the repairing conditions" to "1978" there shall be substituted "the works specified in the notice of disrepair served under Article 19 of the Private Tenancies (Northern Ireland) Order 2006 in relation to the dwelling-house".
(6) The amendments made by this Article apply to a repairs grant payable under Article 74 of the Housing (Northern Ireland) Order 1992 towards the cost of works specified in a notice of disrepair served under Article 19 after the commencement of this Order.
(2) Paragraph (3) applies where any question arises whether a dwelling-house was constructed before 6th November 1956 or provided by conversion of a building that was constructed before that date.
(3) It shall be assumed that the dwelling-house or building was constructed before that date unless the contrary is shown.
Meaning of "prescribed dwelling-house"
31.
—(1) In this Part "prescribed dwelling-house" means a dwelling-house of a class or description prescribed by regulations made under this Article.
(2) In particular, such regulations–
(b) may provide that a dwelling-house is to be a prescribed dwelling-house for such period as may be prescribed.
(2) Where, on or after the commencement of this Order, any person intends to let under a private tenancy a dwelling-house to which this Article applies, he may apply to the appropriate district council to have the dwelling-house inspected, in order to determine whether it is fit for human habitation.
(3) Where,–
the landlord shall apply to the appropriate district council to have the dwelling-house inspected, in order to determine whether it is fit for human habitation.
(4) An application under paragraph (3) shall be made within 28 days after the date on which the tenancy is granted.
(5) A landlord under a private tenancy of a dwelling-house to which this Article applies, who fails within the period mentioned in paragraph (4) to comply with paragraph (3), shall be guilty of an offence under this Order.
(6) Where a dwelling-house to which this Article applies is let under a private tenancy, the landlord may apply at any time to the appropriate district council to have the dwelling-house inspected, in order to determine whether it is fit for human habitation.
(7) Paragraph (6) has effect whether the tenancy was granted before or after the commencement of this Order.
Landlord's application: ancillary provisions
34.
—(1) An application under Article 33 shall be in such form and contain such information as may be prescribed.
(2) An application under Article 33 must state the name of the tenant under the tenancy to which the application relates.
(3) Before considering an application under Article 33, the appropriate district council shall serve on the tenant a copy of the application and a notice in the prescribed form–
(4) Paragraphs (2) and (3) do not apply where a dwelling-house is not let at the date of the application.
Tenant's application to have dwelling-house inspected
35.
—(1) This Article applies to any dwelling-house–
(2) Where a dwelling-house to which this Article applies is let under a private tenancy, the tenant may apply at any time to the appropriate district council to have the dwelling-house inspected.
(3) An application under this Article shall be in such form and contain such information as may be prescribed.
(4) An application under this Article must state the name of the landlord, or his agent, under the tenancy to which the application relates.
(5) Before considering an application under this Order, the appropriate district council shall serve on the landlord, or his agent, a copy of the application and a notice in the prescribed form–
Functions of the appropriate district council
36.
—(1) On receiving an application under Article 33 or 35, the appropriate district council shall cause the dwelling-house to be inspected with a view to ascertaining whether it is fit for human habitation.
(2) The appropriate district council shall not be obliged to entertain an application under Article 33 or 35 unless the application is accompanied by a fee of such amount as may be prescribed.
(3) The appropriate district council shall not be obliged to entertain an application under Article 35 unless the application contains information that is sufficient in the opinion of the council to indicate that the dwelling-house may no longer be fit for human habitation.
(4) Where the appropriate district council is satisfied that a dwelling-house is fit for human habitation, the council shall issue and serve on the landlord of the dwelling-house a certificate (a "certificate of fitness") to that effect.
(5) Where the appropriate district council is not satisfied that a dwelling-house is fit for human habitation, the council shall issue and serve on the landlord of the dwelling-house a notice (a "notice of refusal")–
(6) The appropriate district council shall, if a dwelling-house is let at the date of an application, serve on the tenant a copy of any certificate of fitness or notice of refusal issued with respect to it.
(7) The appropriate district council shall send to the rent officer and the Executive–
(8) The powers conferred on a district council by this Article shall not prejudice or affect its powers under Part III of this Order or section 110 of the Public Health (Ireland) Act 1878 (c. 52).
Appeal to county court
37.
—(1) A landlord on whom a notice of refusal is served may, within 21 days after the date of service of the notice, appeal to the county court.
(2) A tenant on whom a copy of a certificate of fitness is served may, within 21 days after the date of service of the copy of the certificate, appeal to the county court.
(3) On an appeal under this Article, the court–
(4) If on an appeal under paragraph (1), the court orders the appropriate district council to issue a certificate of fitness–
(5) If, on an appeal under paragraph (2), the court orders the appropriate district council to issue a notice of refusal–
(6) Where an appeal by way of case stated is made to the Court of Appeal under Article 61 of the County Courts (Northern Ireland) Order 1980 (NI 3) on any point of law arising from a decision of a county court on an appeal under paragraph (1), paragraph (4) shall apply as if in sub-paragraph (a), for the reference to the date of the order, there were substituted a reference to the date of confirmation of the order by the Court of Appeal.
Cessation of certificate of fitness
38.
—(1) Subject to paragraph (2), a certificate of fitness ceases to have effect if–
(2) Where an appeal is brought against a relevant notice, the certificate of fitness–
(3) In this Article, "relevant notice" means a notice under–
(4) A certificate of fitness does not cease to have effect because of the termination of the tenancy of the dwelling-house in respect of which the certificate of fitness was issued.
Tenancies subject to rent control
40.
—(1) A tenancy of a dwelling-house is subject to rent control if the tenancy is for the time being a protected tenancy or a statutory tenancy.
(2) A tenancy of a dwelling-house is subject to rent control if–
(b) the dwelling-house–
(3) A dwelling-house does not meet the appropriate standard of fitness unless–
(4) A tenancy which is subject to rent control is referred to in this Chapter as a "controlled tenancy".
(c) the rents of dwelling-houses let by the Executive which are comparable, or as comparable as may be, to the dwelling-house in question;
(d) the level of the local reference rent (as determined in accordance with paragraph 4 of Schedule 1A to the Housing Benefit (General) Regulations (Northern Ireland) 1987 (SR 1987 No. 461)) of similar dwelling-houses let under similar tenancies; and
(e) if any furniture is provided for use under the tenancy, the quantity, quality and condition of the furniture.
(4) For the purposes of the determination it shall be assumed that the number of persons seeking to become tenants of similar dwelling-houses in the locality on the terms (other than those relating to rent) of the controlled tenancy is not substantially greater than the number of such dwelling-houses in the locality which are available for letting on such terms.
(5) There shall be disregarded–
(6) In paragraph (5) "improvement" includes the replacement of any fixture or fitting.
(7) For the purposes of this Article the rent officer may make such enquiries as he considers appropriate.
Procedure after determination
43.
—(1) After making a determination under Article 42, the rent officer shall serve a notice on the landlord and tenant under the tenancy informing each of them–
(2) If, within the period of 14 days from the date of service of a notice under paragraph (1), the landlord or tenant of the dwelling-house states in writing to the rent officer that he wishes to have the determination considered by a rent assessment committee, the rent officer shall refer the determination to a rent assessment committee.
(3) If, on the expiration of that period, the rent officer has not received a statement as mentioned in paragraph (2), the rent officer shall register the rent determined under Article 42 in the register of rents as an appropriate rent under that tenancy of the dwelling-house.
Consideration by a rent assessment committee
44.
—(1) A rent assessment committee shall consider any determination referred to it under Article 43.
(2) Schedule 2, which relates to the procedure to be followed by a rent assessment committee when considering a determination, shall have effect.
(3) Without prejudice to the generality of Article 72, the Department may make regulations with respect to the consideration of a determination by a rent assessment committee, including regulations which contain provisions to modify Schedule 2.
(4) Having considered whether a rent determined under Article 42 is an appropriate rent under a tenancy of a dwelling-house, the rent assessment committee may confirm or vary the determination.
(5) The rent assessment committee shall notify the landlord and the tenant of the dwelling house, and the rent officer, of its decision.
(6) On receiving the notification, the rent officer shall register the rent, as confirmed or varied, in the register of rents as an appropriate rent under that tenancy of the dwelling-house.
Change of circumstances
45.
—(1) Where–
the landlord or tenant may apply to the rent officer to have a further determination made in respect of the rent under that tenancy.
(2) An application under paragraph (1) shall be in such form and contain such particulars as may be prescribed.
(3) For the purposes of paragraph (1) but without prejudice to its generality, failure to comply, within the period specified by the appropriate district council, with a notice of unfitness or a notice of disrepair served in respect of a dwelling-house shall constitute a change of circumstances relating to the dwelling-house or tenancy.
(4) On receipt of an application under paragraph (1), the rent officer shall make a further determination of an appropriate rent under the tenancy.
(5) Paragraphs (2) to (6) of Article 42 and Articles 43 and 44 shall apply for the purposes of paragraph (4) of this Article in the same manner as those provisions apply for the purposes of paragraph (1) of Article 42.
the rent officer shall remove any entry relating to that tenancy of the dwelling-house from the register of rents.
(2) For the purposes of paragraph (1) the rent officer may make such enquiries as he considers appropriate.
(3) The rent officer shall give to any person appearing to him to have an interest in the dwelling-house, 14 days' notice of his intention to remove the entry from the register of rents.
(4) Where–
the rent officer may maintain for the purposes of this Order a record of the information contained in the entry in such form as appears appropriate to him.
(3) The date specified in the notice of increase shall not be earlier than 4 weeks after service of the notice.
Rent in excess of rent limit to be irrecoverable by landlord
50.
—(1) Notwithstanding anything in any agreement, any amount by which the rent payable in respect of a controlled tenancy of a dwelling-house exceeds the rent limit for that tenancy shall be irrecoverable from the tenant.
(2) Any person who, in any rent book or similar document, makes an entry showing or purporting to show any tenant as being in arrears in respect of any sum on account of rent which is irrecoverable by virtue of this Article, shall be guilty of an offence under this Order, unless he proves that, at the time of the making of the entry, the landlord had a bona fide claim that the sum was recoverable.
(3) If, where any such entry has been made by or on behalf of the landlord, the landlord on being requested by or on behalf of the tenant to do so, refuses or neglects to cause the entry to be deleted within 7 days, the landlord shall be guilty of an offence under this Order, unless he proves that, at the time of the neglect or refusal to cause the entry to be deleted, he had a bona fide claim that the sum was recoverable.
Recoupment of sums paid in excess of rent limit
51.
—(1) This Article applies where a tenant under a controlled tenancy has paid rent in excess of the rent limit for any rental period under that tenancy.
(2) The tenant shall be entitled to recover from the landlord who received the rent, or his personal representatives, any sum by which the amount paid exceeded the rent limit.
(3) Without prejudice to any other method of recovery, the tenant shall be entitled to recoup that sum by deducting it from any rent payable by him to the landlord.
(4) But no sum may be recouped by a tenant under paragraph (3) at any time after the expiry of 2 years from the date of payment.
Recoupment where landlord in default
52.
—(1) This Article applies where–
(2) The tenant shall be entitled to recover from the landlord who received the rent, or his personal representatives, any sum by which the rent paid during the period of default exceeded the rent that would have been payable if the rent limit had applied in relation to the tenancy during that period.
(3) In paragraph (2) "the period of default" means the period–
(4) Without prejudice to any other method of recovery, the tenant shall be entitled to recoup that sum by deducting it from any rent payable by him to the landlord.
(5) But no sum may be recouped by a tenant under paragraph (4) any time after the expiry of 2 years from the date on which a rent is registered in the register of rents in respect of the tenancy.
Recoupment of rates, etc. from tenants
53.
—(1) Paragraph (2) applies where any rates in respect of a dwelling-house let under a controlled tenancy which is a protected tenancy or a statutory tenancy are borne by the landlord or a superior landlord.
(2) The amount of rates for any rental period which begins after the expiry or termination of a protected tenancy shall be recoverable, without service of any notice of increase, from the tenant in addition to the sums so recoverable apart from this paragraph.
(3) The amount of rates shall be ascertained in accordance with Schedule 3.
(4) Paragraph (2) applies notwithstanding anything in the contract of tenancy.
(5) Where, under a protected or statutory tenancy, the sums payable by the tenant to the landlord include any sums varying according to the cost from time to time of–
the amount to be registered in the register of rents may be an amount variable in accordance with the terms as to the variation.
Amounts attributable to services
54.
In order to assist the Executive to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), where a rent is registered in the register of rents, there shall be entered in the register the amount (if any) of the registered rent which, in the opinion of the rent officer or rent assessment committee, is fairly attributable to the provision of services, except any amount which is negligible in the opinion of the rent officer or, as the case may be, the rent assessment committee.
(4) Where the rent officer determines under paragraph (1) that any registered rents should be increased, he shall make a recommendation to that effect to the Department.
(5) Where the Department accepts a recommendation under paragraph (4), it shall make an order providing for the increase of those rents–
(6) The amount of an increase may be expressed as a percentage.
(7) Where the Department makes an order under paragraph (5), the rent officer shall make such alterations in the register of rents as appear to him to be necessary in consequence of the order.
(1A) A tenancy of a dwelling-house is a protected tenancy for the purposes of this Order if–
(3) After paragraph (2A) there shall be inserted–
(4) After paragraph (3) there shall be inserted–
No further protected tenancies
57.
—(1) No private tenancy granted on or after the commencement of this Order shall be a protected tenancy under the Rent Order.
(2) No private tenancy granted on or after the commencement of this Order shall be a protected shorthold tenancy under Article 92 of the Housing (Northern Ireland) Order 1983 (NI 15).
(3) Article 5 of the Rent Order shall cease to have effect.
(4) Any tenancy which immediately before the commencement of this Order was a protected tenancy by virtue of Article 5 of the Order of 1978, shall continue to be a protected tenancy notwithstanding the repeal of that Article.
Premises with a business use
58.
In Article 12 of the Rent Order (premises with a business use), for paragraphs (3) and (4) there shall be substituted–
Assignment and sub-letting
59.
—(1) After the commencement of this Order, a protected tenancy or a statutory tenancy of a dwelling-house shall not be capable of being assigned, except in pursuance of an order made under any of the provisions mentioned in paragraph (2).
(2) Those provisions are–
(3) Articles 17 and 18 of the Rent Order (provisions relating to change of statutory tenant by agreement) shall cease to have effect.
(4) Any person, who immediately before the commencement of this Order was deemed to be a statutory tenant of a dwelling-house by virtue of paragraph (1) of Article 17 of the Rent Order, shall continue as such thereafter notwithstanding the repeal of that Article, if and so long as he occupies the dwelling-house as his residence.
(5) For Article 19 of the Rent Order (effect on sub-tenancies of determination of superior tenancies), there shall be substituted–
is sub-let; and
(b) after the commencement of Article 59 of the Private Tenancies (Northern Ireland) Order 2006 the landlord becomes entitled, as against the tenant, to possession of the dwelling-house;
the landlord shall also be entitled to possession against the sub-tenant.".
Unlawful eviction, etc.
60.
—(1) Article 54 of the Rent Order (unlawful eviction and harassment of occupier) shall be amended as follows.
(2) With respect to acts done after the commencement of this Order, paragraph (2) shall have effect with the substitution, for the word "calculated", of the word "likely".
(3) After that paragraph there shall be inserted–
and, (in either case) he knows, or has reasonable cause to believe, that the conduct is likely to cause the tenant to give up occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.
(2B) A person shall not be guilty of an offence under paragraph (2A) if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.".
Restriction of statutory tenancy by succession
61.
—(1) In Schedule 1 to the Rent Order (statutory tenants by succession), paragraphs 5 to 7 and 9 to 11, shall cease to have effect.
(2) Any person, who immediately before the commencement of this Order was a statutory tenant of a dwelling-house by virtue of any provision repealed by paragraph (1), shall continue as such thereafter, notwithstanding the repeal of that provision, if and so long as he occupies the dwelling-house as his residence.
to district councils as to the manner in which they are to discharge their functions under this Order and the Rent Order.
(2) Without prejudice to the generality of paragraph (1), the Department may direct any district council to give to the Department, within such period as the Department may specify, such information with respect to the exercise by the council of its functions under this Order and the Rent Order as the Department may require.
(3) A district council shall act in accordance with any directions given under this Article and shall have regard to any guidance so issued.
(4) Any directions or guidance given or issued under this Article may be varied by subsequent directions or guidance.
(b) such other information for the assistance of landlords and tenants as may appear to the Department and the Executive to be appropriate.
(2) In exercising the function conferred by paragraph (1), the Department and the Executive may act either jointly or individually.
Collection of information about tenancies
64.
—(1) The Department and the Executive may collect such information as they consider desirable with respect to the terms of the tenancies of such dwelling-houses as they may determine.
(2) In exercising the function conferred by paragraph (1), the Department and the Executive may act either jointly or individually.
Information as to ownership of dwelling-houses
65.
—(1) The appropriate district council may, for the purpose of enabling it to serve any notice (including any copy of any notice) which it is by this Order authorised or required to serve, require–
to state in writing the nature of his own estate therein and the name and address of any other person known to him as having an estate therein.
(2) In paragraph (1)(b), "the owner" has the meaning given in Article 15.
(3) Any person who, having been required by the appropriate district council in pursuance of this Article to give to it any information, fails to give that information, or knowingly makes any misstatement in respect thereof, shall be guilty of an offence under this Order.
(2) If–
serves upon any such agent or other person as is referred to in paragraph (1) a notice in writing requiring the agent or other person to disclose to him the full name and place of abode or place of business of the landlord, that agent or other person shall forthwith comply with the notice.
(3) If any such agent or other person as is referred to in paragraph (1) fails or refuses forthwith to comply with a notice served on him under that paragraph, he shall be guilty of an offence under this Order, unless he shows to the satisfaction of the court that he did not know, and could not with reasonable diligence have ascertained, such of the facts required by the notice to be disclosed as were not disclosed by him.
Method of serving certain documents
67.
(1) Any document to be served under any of the following provisions of this Order–
may be served by being sent by ordinary post.
(2) In section 24(1) of the Interpretation Act (Northern Ireland) 1954 (c. 33) (service of documents), as it applies to the service by post of such a document, the word "registering" shall be omitted.
Prohibition of agreements excluding Order
70.
Except as provided by Article 6, this Order shall have effect notwithstanding any agreement to the contrary.
Application to Crown property
71.
—(1) Subject to Article 3(2), this Order shall apply in relation to premises in which there subsists, or at any material time subsisted, a Crown estate as it applies in relation to premises in which no such estate subsists or ever subsisted.
(2) In this Article "Crown estate" means an estate–
Regulations
72.
—(1) The Department may make regulations–
(2) Subject to paragraph (3), regulations under this Order shall be subject to negative resolution.
(3) Regulations made under Article 44(3), which contain provisions to modify Schedule 2, shall be subject to affirmative resolution.
Further provision
73.
—(1) The Department may by order make such supplementary, incidental or consequential provision as it thinks appropriate–
(2) The Department may by order make such transitional or transitory provisions and savings as it considers appropriate in connection with–
(3) An order under this Article may modify any statutory provision.
(4) An order under this Article shall be subject to negative resolution.
(5) The powers conferred by this Article are not restricted by any other provision of this Order.
Minor and consequential amendments
74.
The statutory provisions mentioned in Schedule 4 shall have effect with the minor and consequential amendments specified there.
Repeals
75.
Subject to any savings or transitional provisions made by or under this Order, the statutory provisions mentioned in Schedule 5 are repealed to the extent specified there.
A.K. Galloway
Clerk of the Privy Council
(2) If any person fails without reasonable cause to comply with any notice served on him under sub-paragraph (1)(a), he shall be guilty of an offence under this Order.
2.
Where, within the period specified in paragraph 1(1)(b), or such further period as the committee may allow, the landlord or the tenant requests to make oral representations the committee shall give him an opportunity to be heard either in person or by a person authorised by him in that behalf, whether or not that person is of counsel or a solicitor.
3.
—(1) The rent officer shall submit to the rent assessment committee–
(2) The committee shall afford to the rent officer an opportunity to make oral or written representations.
4.
The committee shall make such inquiry (if any) as it thinks fit and consider any information supplied or representation made to it in pursuance of paragraph 1, 2 or 3.
3.
In Article 4(2) (statutory tenants and tenancies), omit the words "at any time".
4.
In Article 49 (prohibition of premiums and loans)–
5.
In Article 73A(1) (method of serving certain documents), for the words from "any" to "Schedule 6" substitute "Article 73(2)".
6.
In Article 75(1) (application of Order to Crown property), omit "Subject to Article 5(7),".
7.
—(1) Part I of Schedule 4 (grounds for possession of dwelling-houses let on or subject to protected or statutory tenancies) shall be amended as follows.
(2) In Case 1, in the second sentence, for "Article 42" substitute "Article 8 of the Private Tenancies (Northern Ireland) Order 2006".
(3) In Case 9, for the words from "Part IV" to the end substitute "Chapter III of Part IV of the Private Tenancies (Northern Ireland) Order 2006".
11.
In Part II of Schedule 9 (other amendments of the 1978 Order), in paragraph 6, for the words from the beginning to "Schedule 6" substitute "In Articles 16(1) and 73(3)".
Short Title | Extent of repeal |
The Rent (Northern Ireland) Order 1978 (NI 20). |
In Article 2(2), the definitions of "regulated rent certificate", "regulated tenancy", "restricted rent certificate" and "restricted tenancy". In Article 4(2), the words “at any time. Articles 5, 7 to 11, 17 and 18. Parts IV to VII. In Article 49(1) and (2), the word "grant,". Articles 50, 62, 63, 68, 69(1)(b) to (d) and 72. In Article 75(1), the words "Subject to Article 5(7),". In Schedule 1, paragraphs 5 to 7 and 9 to 11. Schedules 5 to 7. |
The Housing (Northern Ireland) Order 1981 (NI 3). | In Part II of Schedule 11, the amendment of the Rent (Northern Ireland) Order 1978. |
The Housing (Northern Ireland) Order 1983 (NI 15). |
In Article 94(1), the words from "and Article 19" to the end. Articles 96(2) to (4), 98, 99 and 101. In Part II of Schedule 9, paragraphs 2 to 5, 7, 9 and 10. |
The Housing (Northern Ireland) Order 1986 (NI 13). | Article 42(3), (4)(c) and (d), and (5). |
The Housing (Northern Ireland) Order 1992 (NI 15). |
In Article 74(2), the words from "to whom" to "may be". Articles 98 to 100. In Schedule 7, paragraphs 1(2) and (3), and 2. |
The Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9). | In Schedule 2, paragraph 19. |
The Family Homes and Domestic Violence (Northern Ireland) Order 1998 (NI 6). | In Schedule 2, in paragraph 8(3), the words "or, as the case may be, paragraphs 6 to 9". |
The Defective Premises (Landlord's Liability) Act (Northern Ireland) 2001 (c. 10). | In section 3(1), paragraphs (a) and (b). |
The Housing (Northern Ireland) Order 2003 (NI 2). |
Articles 121(1), 122 and 142(3)(a). In Schedule 1, paragraphs 1 to 8. In Schedule 4, paragraph 2. |
The Civil Partnership Act 2004 (c. 33). | In Schedule 18, paragraph 2(3). |