The Private Tenancies (Northern Ireland) Order 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/1459 |
| Year | 2006 |
2006 No. 1459 (N.I. 10 )
NORTHERN IRELAND
The Private Tenancies (Northern Ireland) Order 2006
7thJune 2006
ARRANGEMENT OF ORDER
PART I
INTRODUCTORY
1. Title and commencement
2. General interpretation
3. Meaning of "private tenancy"
PART II
OBLIGATIONS OF LANDLORDS AND TENANTS
Particulars relating to the tenancy, etc.4. Tenant to be given notice regarding certain matters
5. Tenant to be provided with a rent book
Repair and maintenance6. 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
Inspection, etc. of premises12. Entry and inspection of premises
Duration of private tenancies13. Tenancies to be for a term certain
14. Length of notice to quit
PART III
UNFITNESS AND DISREPAIR
Introductory15. Interpretation: Part III
16. Application of this Part
17. Determining fitness for human habitation
Notices18. 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
Enforcement24. 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
Repairs grants29. Repairs grants
PART IV
CERTIFICATES OF FITNESS AND RENT CONTROL
CHAPTER I
INTRODUCTORY
30. Interpretation: Part IV
31. Meaning of "prescribed dwelling-house"
CHAPTER II
CERTIFICATES OF FITNESS
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
CHAPTER III
TENANCIES SUBJECT TO RENT CONTROL
Introductory39. Interpretation: Chapter III
40. Tenancies subject to rent control
Functions of the rent officer and rent assessment committees41. 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
The register of rents46. The register of rents
47. Removal of tenancies from the register of rents
The rent limit48. 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
Rent review55. Review of registered rents
PART V
AMENDMENTS OF THE RENT ORDER
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
PART VI
MISCELLANEOUS
Directions and guidance62. Provision of directions and guidance to district councils
Information63. Publication of information to assist landlords and tenants
64. Collection of information about tenancies
65. Information as to ownership of dwelling-houses
Notices, etc.66. Service of notices on landlord's agents
67. Method of serving certain documents
Offences68. Prosecution of offences
General69. Defective premises
70. Prohibition of agreements excluding Order
71. Application to Crown property
Supplemental72. Regulations
73. Further provision
74. Minor and consequential amendments
75. Repeals
SCHEDULES:
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
At the Court at Buckingham Palace, the 7th day of June 2006
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:
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 Private Tenancies (Northern Ireland) Order 2006.
(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.
General interpretation
2.-
(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) shall apply to Article 1 and the following provisions of this Order as it applies to an Act of the Assembly.
(2) In this Order-
"the appropriate district council", in relation to a dwelling-house, means the district council in whose district the dwelling-house is situated;
"commencement of this Order" means the date on which the provision of this Order in which that expression occurs comes into operation;
"the Department" means the Department for Social Development;
"dwelling-house" includes part of a house;
"the Executive" means the Northern Ireland Housing Executive;
"final determination", in relation to an appeal, shall be construed in accordance with Article 23(3) and (4);
"the landlord" includes any person from time to time deriving title under the original landlord and also includes, in relation to any dwelling-house, any person other than the tenant who is, or but for Part III of the Rent Order would be, entitled to possession of the dwelling-house;
"let" includes sub-let;
"modify" includes amend or repeal;
"prescribed" means prescribed by regulations made by the Department;
"private tenancy" has the meaning given in Article 3;
"protected tenancy" shall be construed in accordance with Article 3 of the Rent Order;
"rates" means the regional rate and the district rate;
"rent" does not include any sum payable on account of rates;
"the rent officer" means the person appointed under Schedule 1 to act as rent officer;
"the Rent Order" means the Rent (Northern Ireland) Order 1978 (NI 20);
"statutory provision" has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954;
"statutory tenancy" shall be construed in accordance with Article 4(5) of the Rent Order;
"tenancy" includes, except where the context otherwise requires, a statutory tenancy;
"tenant" includes, except where the context otherwise requires, a statutory tenant and also includes a sub-tenant and any person deriving title under the original tenant or sub-tenant.
Meaning of "private tenancy"
3.-
(1) In this Order "private tenancy"-
(a) means any tenancy of a dwelling-house except-(i) a fee farm grant, or(ii) any of the tenancies described in paragraph (2); and(b) includes, except where the context otherwise requires, a protected tenancy and a statutory tenancy.(2) Those tenancies are-
(a) a tenancy for a term certain exceeding 99 years, unless that tenancy is, or may become, terminable before the end of that term by notice given to the tenant;(b) a tenancy under which the estate of the landlord belongs to-(i) the Crown (whether in right of Her Majesty's Government in the United Kingdom or in Northern Ireland);(ii) a government department;(iii) the Executive;(iv) a registered housing association;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)-
(a) "government department" includes a department of the government of the United Kingdom; and(b) "registered", in relation to a housing association, means registered in the register maintained under Part II of the Housing (Northern Ireland) Order 1992 (NI 15).PART II
OBLIGATIONS OF LANDLORDS AND TENANTS
Particulars relating to the tenancy, etc.
Tenant to be given notice regarding certain matters
4.-
(1) Where, on or after the commencement of this Order, a private tenancy of a dwelling-house is granted, the landlord under the tenancy shall, within 28 days after the date on which the tenancy is granted, give to the tenant a notice in such form, and containing such particulars and other information relating to the tenancy, as may be prescribed.
(2) Where, on or after the commencement of this Order, a prescribed term of a private tenancy of a dwelling-house is varied, the landlord under the tenancy shall, within 28 days after the date on which the term of the tenancy is varied, give to the tenant a notice in such form, and containing such information relating to the variation of the term, as may be prescribed.
(3) Paragraph (2) applies whether the private tenancy was granted before or after the commencement of this Order, and in that paragraph "varied" includes varied by omission.
(4) A tenant shall not be required to make a payment in respect of any notice under this Article.
(5) A landlord who fails to comply with paragraph (1) or (2) shall be guilty of an offence under this Order.
Tenant to be provided with a rent book
5.-
(1) The landlord of a dwelling-house let under a private tenancy shall, within 28 days after the date on which the tenancy is granted, provide the tenant with a rent book for use in respect of the dwelling-house.
(2) A rent book-
(a) shall be used to maintain a written record of rent and other payments made in respect of a tenancy, and(b) shall contain such particulars and information relating to the tenancy as may be...To continue reading
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