RENT (NORTHERN IRELAND) ORDER 1978

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RENT (NORTHERN IRELAND) ORDER 1978 - SECT 17



17.(1) Where it is so agreed in writing between

(a)a statutory tenant (in this Article referred to as "the outgoing tenant");
and

(b)a person proposing to occupy the dwelling (in this Article referred to as
"the incoming tenant"),

(2) Such an agreement as is referred to in paragraph (1) shall not have effect
unless the landlord is a party thereto, and, if the consent of any superior
landlord would have been required to an assignment of the previous contractual
tenancy, the agreement shall not have effect unless the superior landlord is a
party thereto.

(3) If the outgoing tenant is the statutory tenant by virtue of his previous
protected tenancy, then subject to paragraph (6), this Order shall have
effect, on and after the transfer date, as if the incoming tenant

(a)had been a protected tenant; and

(b)had become the statutory tenant by virtue of his previous protected
tenancy.

(4) Subject to paragraphs (5) and (6), if the outgoing tenant is a statutory
tenant by succession, then, on and after the transfer date,

(a)this Order shall have effect as if the incoming tenant were a statutory
tenant by succession, and

(b)the incoming tenant shall be deemed to have become a statutory tenant by
virtue of that paragraph of Schedule 1 by virtue of which the outgoing tenant
became (or is deemed to have become) a statutory tenant.

(5) If the outgoing tenant is a statutory tenant by succession, the agreement
referred to in paragraph (1) may provide that, notwithstanding anything in
paragraph (4), on and after the transfer date, this Order shall have effect,
subject to paragraph (6), as if the incoming tenant

(a)had been a protected tenant; and

(b)had become the statutory tenant by virtue of his previous protected
tenancy.

(6) Unless the incoming tenant is deemed, by virtue of paragraph (4)(b) to
have become a statutory tenant by virtue of paragraph 7, 8 or 9 of Schedule 1,
paragraphs 6 to 9 of that Schedule shall not apply where a person has become a
statutory tenant by virtue of this Article.

(7) In this Article "the dwelling" means the aggregate of the premises
comprised in the statutory tenancy of the outgoing tenant.

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Northern Irish Legislation

RENT (NORTHERN IRELAND) ORDER 1978 - SECT 17