RENT (NORTHERN IRELAND) ORDER 1978

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RENT (NORTHERN IRELAND) ORDER 1978 - SECT 64



64.(1) Where a tenant has the exclusive occupation of any accommodation (in
this Article referred to as "the separate accommodation") and

(a)the terms as between the tenant and his landlord on which he holds the
separate accommodation include the use of other accommodation (in this Article
referred to as "the shared accommodation") in common with another person or
other persons, not being or including the landlord, and

(b)by reason only of the circumstances mentioned in sub-paragraph (a), the
separate accommodation would not, apart from this Article, be a dwelling-house
let on or subject to a protected or statutory tenancy,

(2) Where, for the purpose of determining the net annual value of the separate
accommodation, it is necessary to make an apportionment under this Order,
regard is to be had to the circumstances mentioned in paragraph (1)(a).

(3) Subject to paragraph (4), while the tenant is in possession of the
separate accommodation (whether as a protected or statutory tenant), any term
or condition of the contract of tenancy terminating or modifying, or providing
for the termination or modification of, his right to the use of any of the
shared accommodation which is living accommodation shall be of no effect.

(4) Where the terms and conditions of the contract of tenancy are such that at
any time during the tenancy the persons in common with whom the tenant is
entitled to the use of the shared accommodation could be varied, or their
number could be increased, nothing in paragraph (3) shall prevent those terms
and conditions from having effect so far as they relate to any such variation
or increase.

(5) Subject to paragraph (6) and without prejudice to the enforcement of any
order made thereunder, while the tenant is in possession of the separate
accommodation, no order shall be made for possession of any of the shared
accommodation, whether on the application of the immediate landlord of the
tenant or on the application of any person under whom that landlord derives
title, unless a like order has been made, or is made at the same time, in
respect of the separate accommodation; and Article 13(1) shall apply
accordingly.

(6) Subject to paragraph (7), on the application of the landlord, the county
court may make such order, either

(a)terminating the right of the tenant to use the whole or any part of the
shared accommodation other than living accommodation, or

(b)modifying his right to use the whole or any part of the shared
accommodation, whether by varying the persons or increasing the number of
persons entitled to the use of that accommodation, or otherwise,

(7) No order shall be made under paragraph (6) so as to effect any termination
or modification of the rights of the tenant which, apart from paragraph (3),
could not be effected by or under the terms of the contract of tenancy.

(8) In this Article "living accommodation" means accommodation of such a
nature that the fact that it constitutes or is included in the shared
accommodation is (or, if the tenancy has ended, was) sufficient, apart from
this Article, to prevent the tenancy from constituting a protected or
statutory tenancy of a dwelling-house.

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Northern Irish Legislation

RENT (NORTHERN IRELAND) ORDER 1978 - SECT 64