Housing (Northern Ireland) Order 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/412 |
| Year | 2003 |
2003 No. 412 (N.I. 2)
NORTHERN IRELAND
The Housing (Northern Ireland) Order 2003
27thFebruary 2003
ARRANGEMENT OF ORDER
PART I
INTRODUCTORY
1. |
Title and commencement |
2. |
General interpretation |
3. |
Members of a person's family |
PART II
CONDUCT OF TENANTS
CHAPTER I
INTRODUCTORY
4. |
Interpretation of Part II |
5. |
Meaning of "dwelling-house" |
CHAPTER II
INTRODUCTORY TENANCIES
General provisions
6. |
Introductory tenancies |
7. |
Duration of introductory tenancy |
8. |
Licences |
Proceedings for possession
9. |
Proceedings for possession |
10. |
Notice of proceedings for possession |
11. |
Review of decision to seek possession |
12. |
Effect of beginning proceedings for possession |
Succession on death of tenant
13. |
Persons qualified to succeed tenant |
14. |
Cases where the tenant is a successor |
15. |
Succession to introductory tenancy |
Assignment
16. |
Assignment in general prohibited |
Repairs
17. |
Right of introductory tenants of the Executive to have repairs carried out |
Provision of information and consultation
18. |
Provision of information about tenancies |
19. |
Consultation on matters of housing management |
Supplementary
20. |
Jurisdiction of county court |
21. |
Power to make further provision |
CHAPTER III
REPOSSESSION, &C. OF DWELLING-HOUSES LET UNDER SECURE TENANCIES
22. |
Extension of ground of nuisance or annoyance to neighbours, &c. |
23. |
New ground of domestic violence |
24. |
Extension of ground that grant of tenancy induced by false statement |
25. |
Proceedings for possession or termination |
CHAPTER IV
INJUNCTIONS AGAINST ANTI-SOCIAL BEHAVIOUR
26. |
Power to grant injunctions against anti-social behaviour |
27. |
Meaning of "harm" |
PART III
GRANTS, &C. FOR RENEWAL OF PRIVATE SECTOR HOUSING
CHAPTER I
INTRODUCTORY
28. |
Interpretation of Part III |
Interpretation
29. |
Meaning of "reasonable repair" |
30. |
Fitness for human habitation |
31. |
Meaning of "connected persons" |
32. |
Meaning of "owner" of dwelling |
33. |
Disabled persons |
CHAPTER II
THE MAIN GRANTS
Introductory
34. |
Interpretation of Chapter II |
35. |
Grants for improvements and repairs, &c. |
36. |
Applications for grants |
Preliminary conditions
37. |
Ineligible applicants |
38. |
The age of the property |
39. |
Excluded descriptions of works |
Renovation grants
40. |
Renovation grants: owner's applications and tenant's applications |
41. |
Renovation grants: certificates required in case of owner's application |
42. |
Renovation grants: certificates required in case of tenant's application |
43. |
Renovation grants: purposes for which grant may be given |
44. |
Renovation grants: approval of application |
Common parts grants
45. |
Common parts grants: occupation of flats by occupying tenants |
46. |
Common parts grants: landlord's and tenants' applications |
47. |
Common parts grants: certificates required to accompany application |
48. |
Common parts grants: purposes for which grant may be given |
49. |
Common parts grants: approval of application |
Disabled facilities grants
50. |
Disabled facilities grants: owner's and tenant's applications |
51. |
Disabled facilities grants: the disabled occupant |
52. |
Disabled facilities grants: certificate required in case of owner's application |
53. |
Disabled facilities grants: certificates required in case of tenant's application |
54. |
Disabled facilities grants: purposes for which grant must or may be given |
55. |
Disabled facilities grants: approval of application |
HMO grants
56. |
HMO grants: the interest of the applicant in the property |
57. |
HMO grants: certificate required to accompany application |
58. |
HMO grants: purposes for which grant may be given |
59. |
HMO grants: approval of application |
Restrictions on grant aid
60. |
Restriction on grants for works already begun |
61. |
Means testing in case of application by owner-occupier or tenant |
62. |
Determination of amount of grant in case of landlord's application |
63. |
Apportionment in case of tenants' application for common parts grant |
64. |
Power to specify maximum amount of grant |
Decision and notification
65. |
Decision and notification |
Payment of grants
66. |
Payment of grants: general |
67. |
Delayed payment of mandatory grant |
68. |
Payment of grants: conditions as to carrying out of the works |
69. |
Payment of grants: conditions as to contractors employed |
70. |
Payment of grant to contractor |
71. |
Applicant ceasing to be entitled before payment of grant |
72. |
Change of circumstances affecting disabled occupant |
73. |
Cases in which grants may be recalculated, withheld or repaid |
74. |
Repayment where applicant not entitled to grant |
Grant conditions and repayment
75. |
Grant conditions: introductory |
76. |
Condition for repayment on disposal: renovation grants |
77. |
Condition for repayment on disposal: common parts grants |
78. |
Condition as to repayment on disposal: HMO grants |
79. |
Condition as to owner-occupation: renovation grants |
80. |
Condition as to availability for letting: renovation grants |
81. |
Conditions as to occupation: HMO grants |
82. |
Conditions as to repayment in case of other compensation, &c. |
83. |
Power to impose other conditions |
84. |
Meaning of relevant disposal |
85. |
Meaning of exempt disposal |
85. |
Cessation of conditions on repayment of grant, &c. |
Supplementary
87. |
Provisions relating to death of applicant |
88. |
Power of Executive to carry out works which would attract grant |
CHAPTER III
GROUP REPAIR SCHEMES
Introductory
89. |
Interpretation of Chapter III |
90. |
Group repair schemes |
91. |
Qualifying buildings |
92. |
Scheme works |
93. |
Approval of scheme by the Department |
Participation in group repair scheme
94. |
Persons eligible to participate in group repair scheme |
95. |
Scheme consent and restriction on works |
96. |
Certificate of completion date |
97. |
Contributions by participants |
Variation of group repair scheme
98. |
Variation of group repair scheme |
Conditions as to participation
99. |
Conditions of participation: general |
100. |
Condition as to payment of balance of cost on disposal |
101. |
Conditions as to occupation |
102. |
Meaning of "relevant disposal" and "exempt disposal" |
103. |
Payment of balance of cost, &c: cessation of conditions |
Supplementary
104. |
Power of Department to modify operation of Chapter |
CHAPTER IV
HOME REPAIR ASSISTANCE
105. |
Interpretation of Chapter IV |
106. |
Home repair assistance |
107. |
Entitlement to home repair assistance |
108. |
Assistance in respect of mobile homes |
109. |
Power to make further provision by regulations |
CHAPTER V
DEFERRED ACTION NOTICES. &c.
110. |
Interpretation of Chapter V |
Deferred action notices
111. |
Deferred action notices |
112. |
Service of deferred action notices |
113. |
Appeals against deferred action notices |
114. |
Review of deferred action notices |
115. |
Guidance by the Department |
Power to charge for enforcement action
116. |
Unfitness for human habitation, &c.: power to charge for enforcement action |
117. |
Recovery of charge for enforcement action |
Supplementary
118. |
Power to prescribe forms |
CHAPTER VI
SUPPLEMENTARY PROVISIONS
Religious denominations, charities, &c.
119. |
Religious denominations, charities, &c. |
Transitional provisions and savings
120. |
Transitional provisions and savings |
PART IV
MISCELLANEOUS AMENDMENTS
CHAPTER I
AMENDMENTS OF THE RENT (NORTHERN IRELAND) ORDER 1978
121. |
Transfer of duty to keep register of rents |
122. |
Institution of proceedings for offences with respect to rent books |
CHAPTER II
AMENDMENTS OF THE ORDER OF 1981
123. |
Interpretation of Order of 1981 |
124. |
Allocation of housing accommodation |
125. |
Caravan sites for members of the Irish Traveller community |
126. |
Acquisition of land by the Executive for amenity purposes |
127. |
Termination of home insulation schemes |
128. |
Disposal of houses let by the Executive to secure tenants |
129. |
Increase of penalty for obstruction of an authorised officer |
130. |
Membership of the Executive |
CHAPTER III
AMENDMENTS OF THE ORDER OF 1983
131. |
House sales by registered housing associations |
132. |
Tenant's improvements |
133. |
Right of secure tenants of the Executive to have repairs carried out |
134. |
Tenancies which are not secure tenancies |
CHAPTER IV
AMENDMENTS OF THE ORDER OF 1988
135. |
Definition of "homelessness" |
136. |
Becoming homeless intentionally |
137. |
Eligibility for housing assistance |
138. |
Emergency grants |
CHAPTER V
AMENDMENTS OF THE ORDER OF 1992
139. |
Realisation of value of Department's loans portfolio |
140. |
Rent for housing accommodation provided by registered housing associations |
141. |
Disposal of land by registered housing associations |
142. |
Repairs grants |
143. |
Amendment of definition of "multiple occupation" |
144. |
Registration scheme for houses in multiple occupation |
145. |
Service of certain documents |
CHAPTER VI
OTHER AMENDMENTS
146. |
Complaints against registered housing associations |
147. |
Minor and consequential amendments |
PART V
SUPPLEMENTAL PROVISIONS
148. |
Orders and regulations |
149. |
Repeals |
SCHEDULES:
Schedule 1 |
Amendments relating to transfer of duty to keep register of rents |
Schedule 2 |
Transfer to the Executive of travellers' caravan sites |
Schedule 3 |
Registration scheme for houses in multiple occupation |
Schedule 4 |
Minor and consequential amendments |
Schedule 5 |
Repeals |
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:
At the Court at Buckingham Palace, the 27th day of February 2003
Present,
The Queen's Most Excellent Majesty in Council
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-
PART I
INTRODUCTORY
Title and commencement
1. - (1) This Order may be cited as the Housing (Northern Ireland) Order 2003.
(2) This Article and Article 2 shall come into operation on the expiration of 7 days from the day on which this Order is made.
(3) The other provisions of this Order shall come into operation on such day or days as the Department may by order appoint.
(4) The Department may by order under paragraph...
To continue reading
Request your trial