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RENT (NORTHERN IRELAND) ORDER 1978 - SECT 77

77.Para.(1), with Schedule 8, effects amendments

(2) The savings in Schedule 9 shall have effect.

Para.(3), with Schedule 10, effects repeals

1. Paragraph 2 or 3 or, as the case may be, paragraph 4 shall have effect,
subject to Article 4(3), for the purpose of determining who is the statutory
tenant of a dwelling-house by succession after the death of the person (in
this Schedule referred to as "the original tenant") who, immediately before
his death, was a protected tenant of the dwelling-house or the statutory
tenant of it by virtue of his previous protected tenancy.

2. If the original tenant was a man who died leaving a widow who was occupying
the dwelling-house as her residence at his death then, after his death, the
widow shall be the statutory tenant if and so long as she continues to occupy
the dwelling-house as her residence.

3. If the original tenant was a woman who died leaving a widower who was
residing with her at her death then, after her death, the widower shall be the
statutory tenant if and so long as he occupies the dwelling-house as his
residence.

4. Where

(a)paragraph 2 or 3 does not apply, but

(b)a person who was a member of the original tenant's family was residing with
him at the time of and for the period of six months immediately before his
death,

5. A person who becomes the statutory tenant of a dwelling-house by virtue of
paragraph 2, 3 or 4 is in this Schedule referred to as "the first successor".

6. If, immediately before his death, the first successor was still a statutory
tenant, paragraph 7 or 8 or, as the case may be, paragraph 9 shall have
effect, subject to Article 4(3), for the purpose of determining who is the
statutory tenant after the death of the first successor.

7. If the first successor was a man who died leaving a widow who was occupying
the dwelling-house as her residence at his death then, after his death, the
widow shall be the statutory tenant if and so long as she continues to occupy
the dwelling-house as her residence.

8. If the first successor was a woman who died leaving a widower who was
residing with her at her death then, after her death, the widower shall be the
statutory tenant if and so long as he occupies the dwelling-house as his
residence.

9. Where

(a)paragraph 7 or 8 does not apply, but

(b)a person who was a member of the first successor's family was residing with
him at the time of and for the period of six months immediately before his
death,

10.(1) Where after a succession the successor becomes the tenant of the
dwelling-house by the grant to him of another tenancy, "the original tenant"
and "the first successor" in this Schedule in relation to that other tenancy,
mean the persons who were respectively the original tenant and the first
successor at the time of the succession, and accordingly

(a)if the successor was the first successor, and, immediately before his death
he was still the tenant (whether protected or statutory), paragraphs 7 to 9
shall apply on his death,

(b)if the successor was not the first successor, no person shall become a
statutory tenant on his death by virtue of this Schedule.

(2) Sub-paragraph (1) applies

(a)even if a successor enters into more than one other tenancy of the
dwelling-house, and

(b)even if both the first successor, and the successor on his death, enter
into other tenancies of the dwelling-house.

(3) In this paragraph "succession" means the occasion on which a person
becomes the statutory tenant of a dwelling-house by virtue of this Schedule
and "successor" shall be construed accordingly.

11. In this Schedule references to "the first successor" shall be deemed to
include references to a tenant of a dwelling-house to which the Rent
Restriction Acts applied immediately before the commencement of this Order
whose right to retain possession of that dwelling-house arose on the death of
such a person as is mentioned in Article 4(5)(b)(i).

1.(1) Where

(a)one spouse is entitled, either in his or her own right or jointly with the
other spouse, to occupy a dwelling-house by virtue of a protected or statutory
tenancy, and

(b)the marriage is terminated or annulled by the grant of a decree of divorce
or nullity of marriage,

(2) Where a spouse is so entitled to occupy the dwelling-house by virtue of a
protected tenancy, the court may by order direct that, on the date on which
the decree is made absolute, there shall, by virtue of the order and without
further assurance, be transferred to his or her former spouse

(a)the estate which the spouse so entitled had in the dwelling-house
immediately before that date by virtue of the lease or agreement creating the
tenancy and any assignment of that lease or agreement, with all rights,
privileges and appurtenances attaching to that estate but subject to all
covenants, obligations, liabilities and incumbrances to which it is subject;
and

(b)where that spouse is an assignee of the lease or agreement, the liability
of the spouse under any covenant of indemnity by the assignee expressed or
implied in the assignment of the lease or agreement to that spouse;

(3) Where a spouse is so entitled to occupy the dwelling-house by virtue of a
statutory tenancy, the court may by order direct that, on the date on which
the decree is made absolute, that spouse shall cease to be entitled to occupy
the dwelling-house and that his or her former spouse shall be deemed to be the
tenant or, as the case may be, the sole tenant under that statutory tenancy.

(4) The question whether the provisions of paragraphs 1 to 4 or, as the case
may be, paragraphs 6 to 9 of Schedule 1 as to the succession by the widow or
widower of a deceased tenant or by a member of a deceased tenant's family to
the statutory tenancy are capable of having effect in the event of the death
of the person deemed by an order under sub-paragraph (3) to be the tenant or
sole tenant under the statutory tenancy shall be determined according as those
provisions or the corresponding provisions of the Rent Restriction Acts have
or have not already had effect in relation to the statutory tenancy.

(5) Where the court makes an order under this paragraph it may by the order
direct that both spouses shall be jointly and severally liable to discharge or
perform any or all of the liabilities and obligations in respect of the
dwelling-house (whether arising under the tenancy or otherwise) which have at
the date of the order fallen due to be discharged or performed by one only of
the spouses or which, but for the direction, would before the date on which
the decree is made absolute fall due to be discharged or performed by one only
of them.

(6) Where the court gives a direction under paragraph (5) it may further
direct that either spouse shall be liable to indemnify the other in whole or
in part against any payment made or expenses incurred by the other in
discharging or performing any such liability or obligation.

(7) An order under this paragraph may be made at any time after a decree nisi
has been granted and before the decree is made absolute.

(8) Rules of court shall require the court, before it makes an order under
this paragraph, to give the landlord of the dwelling-house to which the order
would relate an opportunity of being heard.

2.(1) Where

(a)one spouse is entitled, either in his or her own right or jointly with the
other spouse, to occupy a dwelling-house by virtue of a protected or statutory
tenancy; and

(b)either spouse is granted a decree of judicial separation or an order under
[Article 18(2)(i) of the Domestic Proceedings (Northern Ireland) Order 1980
(other than such an order made as an interim exclusion order by virtue of
Article 21 of that Order) excluding the first-mentioned spouse from the
dwelling-house is made upon the application of the other spouse,]

(2) Where a spouse is so entitled to occupy the dwelling-house by virtue of a
protected tenancy, the court may by order direct that there shall, by virtue
of the order and without further assurance, be transferred to his or her
spouse

(a)the estate which the spouse so entitled had in the dwelling-house
immediately before that date by virtue of the lease or agreement creating the
tenancy and any assignment of that lease or agreement, with all rights,
privileges and appurtenances attaching to that estate but subject to all
covenants, obligations, liabilities and incumbrances to which it is subject;
and

(b)where that first spouse is an assignee of the lease or agreement, the
liability of the spouse under any covenant of indemnity by the assignee
expressed or implied in the assignment of the lease or agreement to that
spouse;

(3) Where a spouse is so entitled to occupy the dwelling-house by virtue of a
statutory tenancy, the court may by order direct that that spouse shall cease
to be entitled to occupy the dwelling-house and that his or her spouse shall
be deemed to be the tenant or, as the case may be, the sole tenant under that
statutory tenancy.

(4) The question whether the provisions of paragraphs 1 to 4 or, as the case
may be, paragraphs 6 to 9 of Schedule 1 as to the succession by the widow or
widower of a deceased tenant or by a member of a deceased tenant's family to
the statutory tenancy are capable of having effect in the event of the death
of the person deemed by an order under sub-paragraph (3) to be the tenant or
sole tenant under the statutory tenancy shall be determined according as those
provisions or the corresponding provisions of the Rent Restriction Acts have
or have not already had effect in relation to the statutory tenancy.

(5) Where the court makes an order under this paragraph it may by the order
direct that both spouses shall be jointly and severally liable to discharge or
perform any or all of the liabilities and obligations in respect of the
dwelling-house (whether arising under the tenancy or otherwise) which have at
the date of the order fallen due to be discharged or performed by one only of
the spouses or which, but for the direction, would before the date on which
the order is made fall due to be discharged or performed by one only of them.

(6) Where the court gives a direction under paragraph (5) it may further
direct that either spouse shall be liable to indemnify the other in whole or
in part against any payment made or expenses incurred by the other in
discharging or performing any such liability or obligation.

(7) County court rules shall require the court, before it makes an order under
this paragraph, to give the landlord of the dwelling-house to which the order
would relate an opportunity of being heard.

[(8) Where while an order under Article 18(2)(i) of the Domestic Proceedings
(Northern Ireland) Order 1980 other than such an order made as an interim
exclusion order by virtue of Article 21 of that Order is in force an
application is made for an order under this paragraph, the court may make the
order applied for notwithstanding that, at the time when it does so, the
first-mentioned order has ceased to have effect otherwise than by reason of
its revocation; and where an order is made under this paragraph it shall not
be affected by an order under the said Order of 1980 subsequently ceasing to
have effect.]

3. In this Schedule "spouse" includes a party to a void or voidable marriage.

A dwelling-house satisfies the regulated tenancy standards if

(a)it is structurally stable;

(b)it is substantially free from damp;

(c)it has satisfactory provision for natural lighting and for ventilation;

(d)it has an adequate piped supply of wholesome water available within the
dwelling-house;

(e)it has a water closet available for the exclusive use of the occupants of
the dwelling-house;

(f)it has an effective system for the drainage and disposal of foul and
surface water;

(g)it has satisfactory facilities for the storage and preparation of food
within the house;

(h)its internal arrangement is satisfactory;

(i)it has a hot water supply at a sink within the dwelling-house;

(j)it is in such a state of repair as to render it reasonably suitable for
occupation.

Where any rent lawfully due from the tenant has not been paid, or any
obligation of the protected or statutory tenancy which arises under this
Order, or

(a)in the case of a protected tenancy, any other obligation of the tenancy, in
so far as it is consistent with Part III of this Order, or

(b)in the case of a statutory tenancy, any other obligation of the previous
protected tenancy which is applicable to the statutory tenancy,

Where the tenant or any person residing or lodging with him or any sub-tenant
of his

(a)has been guilty of conduct which is a nuisance or annoyance to adjoining
occupiers; or

(b)has been convicted of using the dwelling-house or allowing the
dwelling-house to be used for immoral or illegal purposes.

Where

(a)the condition of the dwelling-house has, in the opinion of the court,
deteriorated owing to acts of waste by, or the neglect or default of, the
tenant or any person residing or lodging with him or any sub-tenant of his,
and

(b)in the case of any act of waste by, or the neglect or default of, a person
lodging with the tenant or a sub-tenant of his, the court is satisfied that
the tenant has not, before the making of the order in question, taken such
steps as he ought reasonably to have taken for the removal of the lodger or
sub-tenant, as the case may be.

Where

(a)the condition of any furniture provided for use under the tenancy has, in
the opinion of the court, deteriorated owing to ill-treatment by the tenant or
any person residing or lodging with him or any sub-tenant of his, and

(b)in the case of any ill-treatment by a person lodging with the tenant or a
sub-tenant of his the court is satisfied that the tenant has not, before the
making of the order in question, taken such steps as he ought reasonably to
have taken for the removal of the lodger or sub-tenant, as the case may be.

Where

(a)the tenant has given notice to quit, and

(b)in consequence of that notice, the landlord has contracted to sell or let
the dwelling-house or has taken any other steps as the result of which he
would, in the opinion of the court, be seriously prejudiced if he could not
obtain possession.

Where, without the consent of the landlord, the tenant has, at any time after
the commencement of this Order, assigned or sub-let the whole of the
dwelling-house or sub-let part of the dwelling-house, the remainder being
already sub-let.

Where

(a)the dwelling-house is reasonably required by the landlord for occupation as
a residence for some person engaged in his whole-time employment, or in the
whole-time employment of some tenant from him or with whom, conditional on
housing being provided, a contract for such employment has been entered into,
and

(b)the tenant was in the employment of the landlord or a former landlord; and

(c)the dwelling-house was let to the tenant in consequence of that employment
and he has ceased to be in that employment.

Where the dwelling-house is reasonably required by the landlord for occupation
as a residence for

(a)himself, or

(b)any son or daughter of his over the age of 18, or

(c)his father or mother, or

(d)if the dwelling-house is let on or subject to a regulated tenancy, the
father or mother of his wife or husband.

Where the court is satisfied that the rent charged by the tenant for any
sub-let part of the dwelling-house which is a dwelling-house let on a
protected tenancy or subject to a statutory tenancy is or was in excess of the
maximum rent for the time being recoverable for that part, having regard to
Part IV or, as the case may be, Part VI of this Order.

Where

(a)the dwelling-house is the sole or principal dwelling-house on any
agricultural land used for agriculture; and

(b)the court is satisfied that the landlord intends to sell the land.

For the purposes of this Case "agriculture" has the same meaning as in the
Agricultural Wages (Regulation) (Northern Ireland) Order 1977.

(1) Where a person who occupied the dwelling-house as his residence (in this
Case referred to as "the owner-occupier") let it on a protected tenancy, and

(a)not later than the commencement of that tenancy the landlord gave notice to
the tenant that possession might be recovered under this Case; and

(b)the dwelling-house has not since the commencement of that tenancy been let
by the owner-occupier on a protected tenancy with respect to which the
condition mentioned in sub-paragraph (a) was not satisfied; and

(c)the court is satisfied that the dwelling-house is required as a residence
for the owner-occupier or any member of his family who resided with the
owner-occupier when he last occupied the dwelling-house as a residence.

(2) If the court is of the opinion that, notwithstanding that the condition in
paragraph (1)(a) or (b) is not complied with, it is just and equitable to make
an order for possession of the dwelling-house, the court may dispense with the
requirements of either or both of those sub-paragraphs.

Where

(a)a person (in this Case referred to as "the owner") who acquired the
dwelling-house or any estate therein with a view to occupying it as his
residence at such time as he might retire from regular employment let it on a
protected tenancy before he has so retired; and

(b)the court is satisfied either

(i)that the owner has retired from regular employment and requires the
dwelling-house as a residence, or

(ii)that the owner has died and the dwelling-house is required as a residence
for a member of his family who was residing with him at the time of his death.

Where

(a)the dwelling-house is held for the purpose of being available for
occupation by a minister or a full-time lay missionary of any religious
denomination as a residence from which to perform the duties of his office;
and

(b)the court is satisfied that the dwelling-house is required for occupation
by such a minister or missionary as such a residence.

Where the dwelling-house was at any time occupied by a person under the terms
of his employment as a person employed in agriculture and

(a)the tenant neither is nor at any time was so employed by the landlord and
is not the widow of a person who was so employed, and

(b)not later than 1st April 1979 or the date of the commencement of the
protected tenancy in question (whichever is the later), the tenant was given
notice in writing that possession might be recovered under this Case, and

(c)the court is satisfied that the dwelling-house is required for occupation
by a person employed or to be employed by the landlord in agriculture;

Where proposals for amalgamation, approved for the purposes of a scheme under
section 26 of the Agriculture Act 1967, have been carried out and, at the time
when the proposals were submitted, the dwelling-house was occupied by a person
responsible (whether as owner, tenant, or servant or agent of another) for the
control of the farming of any part of the land comprised in the amalgamation
and

(a)after the carrying out of the proposals, the dwelling-house was let on a
protected tenancy otherwise than to, or to the widow of, either a person
ceasing to be so responsible as part of the amalgamation or a person who is,
or at any time was, employed by the landlord in agriculture, and

(b)not later than the date of the commencement of the protected tenancy in
question the tenant was given notice in writing that possession might be
recovered under this Case, and

(c)the court is satisfied that the dwelling-house is required for occupation
by a person employed, or to be employed, by the landlord in agriculture, and

(d)the proceedings for possession are commenced by the landlord at any time
during the period of 5 years beginning with the date on which the proposals
for the amalgamation were approved or, if occupation of the dwelling-house
after the amalgamation continued in, or was first taken by, a person ceasing
to be responsible as mentioned in paragraph (a) or his widow, during a period
expiring 3 years after the date on which the dwelling-house next became
unoccupied.

(1) Where

(a)the last occupier of the dwelling-house before the date of the commencement
of the protected tenancy in question was a person, or the widow of a person,
who was at some time during his occupation responsible (whether as owner,
tenant, or servant or agent of another) for the control of the farming of land
which formed, together with the dwelling-house, an agricultural unit, and

(b)the tenant is neither

(i)a person, or the widow of a person, who is or has at any time been
responsible for the control of the farming of any part of that land, nor

(ii)a person, or the widow of a person, who is or at any time was employed by
the landlord in agriculture, and

(c)the creation of the tenancy was not preceded by the carrying out in
connection with any of that land of an amalgamation approved for the purposes
of a scheme under section 26 of the Agriculture Act 1967, and

(d)not later than the date of the commencement of the protected tenancy in
question the tenant was given notice in writing that possession might be
recovered under this Case, and

(e)the court is satisfied that the dwelling-house is required for occupation
either by a person responsible or to be responsible (whether as owner, tenant,
or servant or agent of another) for the control of the farming of any part of
that land or by a person employed or to be employed by the landlord in
agriculture, and

(f)where the date of the commencement of the protected tenancy in question was
before the commencement of this Order, the proceedings for possession are
commenced by the landlord before the expiry of 5 years from the date on which
the occupier referred to in paragraph (a) went out of occupation.

(2) For the purposes of this Case "employed" and "agriculture" have the same
meanings as in the Agricultural Wages (Regulation) (Northern Ireland) Order
1977 and "amalgamation" has the same meaning as in Part II of the Agriculture
Act 1967.

(3) In this Case "agricultural unit" means land which is occupied as a unit
for agricultural purposes, including any dwelling-house or other building
occupied by the same person for the purpose of farming the land.

A court shall not make an order for possession of a dwelling-house by reason
only that the circumstances of the case fall within Case 8 in Part I if the
court is satisfied that, having regard to all the circumstances of the case,
including the question whether other accommodation is available for the
landlord or the tenant, greater hardship would be caused by granting the order
than by refusing to grant it.

1. For the purposes of Article 13(1)(a), a certificate of the Executive or of
a registered housing association certifying that the Executive or the
registered housing association, as the case may be, will provide suitable
alternative accommodation for the tenant by a date specified in the
certificate, shall be conclusive evidence that suitable alternative
accommodation will be available for him by that date.

2. Where no such certificate as is mentioned in paragraph 1 is produced to the
court, accommodation shall be deemed to be suitable for the purposes of
Article 13(1)(a) if it consists of either

(a)premises which are to be let as a separate dwelling such that they will
then be let on a protected tenancy, or

(b)premises to be let as a separate dwelling on terms which will, in the
opinion of the court, afford to the tenant security of tenure reasonably
equivalent to the security afforded by Part III of this Order in the case of a
protected tenancy.

3.(1) For the purposes of paragraph 2, the relevant conditions are that the
accommodation is reasonably suitable to the needs of the tenant and his family
as regards proximity to place of work, and either

(a)similar as regards rental and extent to the accommodation afforded by
dwelling-house provided in the neighbourhood by the Executive for persons
whose needs as regards extent are, in the opinion of the court, similar to
those of the tenant and his family; or

(b)reasonably suitable to the means of the tenant and to the needs of the
tenant and his family as regards extent and character.

(2) For the purposes of sub-paragraph (1)(a), a certificate of the Executive
stating

(a)the extent of the accommodation afforded by dwelling-houses provided by the
Executive to meet the needs of tenants with families of such number as may be
specified in the certificate, and

(b)the amount of the rent charged by the Executive for dwelling-houses
affording accommodation of that extent,

4. Accommodation shall not be deemed to be suitable to the needs of the tenant
and his family if the result of their occupation of the accommodation would be
that it would be an overcrowded dwelling-house for the purposes of the Public
Health Acts or the Housing Acts.

5. Any document purporting to be a certificate of the Executive or of a
registered housing association named therein issued for the purposes of this
Schedule and to be signed by a member of the Executive or by an authorised
employee of the Executive or by a member of the committee of the registered
housing association, as the case may be, shall be received in evidence and,
unless the contrary is shown, shall be deemed to be such a certificate without
further proof.

1. The Department shall draw up and revise a panel of persons to act as
chairmen and other members of rent assessment committees.

2. The panel shall consist of a number of persons appointed by the Department,
and, if the Department thinks fit, a number of persons appointed to act only
in case of absence or incapacity of other members of the panel.

3. The Department shall nominate two persons on the panel to act as rent
officer and deputy rent officer.

4. Subject to paragraphs 5 to 8, the number of rent assessment committees, the
areas for which any such committees shall act and the constitution of those
committees shall be determined by the rent officer or, in the case of the rent
officer's absence or incapacity, by the deputy rent officer.

5. Subject to paragraph 6, each rent assessment committee shall consist of a
chairman and one or two other members.

6. The rent officer may, if he thinks fit, direct that when dealing with a
case in such circumstances as may be specified in the direction, the chairman
sitting alone may, with the consent of the parties, exercise the functions of
a rent assessment committee.

7. There shall be paid to members of the panel such remuneration and
allowances as the Department, with the consent of the Department of the Civil
Service, may determine.

8. The Department may make available to rent assessment committees such of its
officers as it considers necessary.

1.(1) An application for the determination of an appropriate rent by a rent
assessment committee shall be sent to the rent officer.

(2) The rent officer shall assign an application sent to him under
sub-paragraph (1) to such rent assessment committee as he considers
appropriate.

2.(1) The rent assessment committee to which an application for the
determination of an appropriate rent is assigned

(a)may by notice in the prescribed form served on the landlord or the tenant
require him to give to the committee, within such period of not less than
twenty-one days from the service of the notice as may be specified in the
notice, such information as it may reasonably require; and

(b)shall serve on the landlord and on the tenant a notice specifying a period
of not less than twenty-one days from the service of the notice during which
either representations in writing or a request to make oral representations
may be made by him to the committee.

(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 and
liable to a fine not exceeding #400.

3. Where, within the period specified in paragraph 2(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.

4.(1) 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 2 or 3 and

(a)if it appears to it that the rent sought to be registered is an appropriate
rent, it shall confirm that rent;

(b)if it does not appear to it that the rent is an appropriate rent, it shall
determine an appropriate rent for the dwelling-house.

(2) Before confirming or determining a rent under this paragraph, the
committee shall afford to the rent officer an opportunity to make oral or
written representations.

(3) Where the committee confirms or determines a rent under this paragraph it
shall notify the landlord, the tenant and the Department accordingly.

(4) On receiving the notification, the Department shall, as the case may
require, either indicate in the register that the rent has been confirmed or
register the rent determined by the committee as the rent for the
dwelling-house.

1. For the purposes of this Order, the amount of rates for any rental period
shall be taken, subject to the following provisions of this Schedule, to be an
amount which bears to the total rates payable during the relevant rating
period the same proportion as the length of the rental period bears to the
length of the relevant rating period.

2. In this Schedule "the relevant rating period", in relation to a rental
period, means the rating period during which the rent for that rental period
is payable.

3. The amount of the rates for any rental period which precedes the making by
the Department of Finance of its first demand for, or for an instalment of,
the rates for the relevant rating period shall be calculated on the basis that
the rates for that rating period will be the same as for the last preceding
rating period.

4.(1) On the making by the Department of Finance of its first such demand, and
on the making by that Department of any subsequent such demand, the amount of
the rates for any rental period shall if necessary be recalculated on the
basis that the rates for the relevant rating period will be such as appears
from the information given in the demand and any previous demands.

(2) Any such recalculation shall not affect the ascertainment of the rates for
any rental period beginning more than thirteen weeks before the date of the
service of the demand giving rise to the recalculation.

5. If as a result of the alteration of the net annual value of a
dwelling-house the rates payable for the relevant rating period are varied,
the amount of the rates for a rental period shall be recalculated so as to
give effect to the variation; but any such recalculation shall not affect the
ascertainment of the rates for any rental period beginning more than thirteen
weeks before the date of the service of the demand giving rise to the
recalculation.

6. In computing the rates for any rental period for the purposes of this
Schedule, any discount, and any allowance made under any of the statutory
provisions relating to allowances given where rates are paid by the owner
instead of by the occupier, shall be left out of account, and accordingly
those rates shall be computed as if no such discount or allowance had fallen
to be, or had been, allowed or made.

Schedule 8Amendments

1. The repeal by this Order of the Rent Restriction Acts shall not affect the
continued operation of those Acts in relation to any mortgage to which those
Acts applied which was created before the commencement of this Order.

2. The repeal by this Order of section 3 of the Rent and Mortgage Interest
(Restrictions) Act (Northern Ireland) 1932 or section 19 of the Act of 1940
shall not affect the continued operation of that section in relation to

(a)an agreement, made before the commencement of this Order, for the sale of a
dwelling-house;

(b)an agreement, made before the commencement of this Order, giving an option
to purchase a dwelling-house;

(c)an agreement, made before the commencement of this Order, to pay periodical
instalments for the purpose of the purchase of a dwelling-house.

3. Where

(a)before the commencement of this Order, either

(i)a landlord has obtained an order for possession of a dwelling-house on the
ground specified in section 5(1)(e) of the Act of 1920 or section 8(1)(e) of
the Act of 1940; or

(ii)a tenant has given up possession of a dwelling-house upon a representation
by the landlord or his agent that the house was required by the landlord for
any of the purposes set out in the said section 5(1)(e) or 8(1)(e);

(b)after the commencement of this Order, it is made to appear to the court
that that order was obtained, or the tenant gave up possession, owing to
misrepresentation or concealment of material facts,

4. In this Schedule

"the Act of 1920" means the Increase of Rent and Mortgage Interest
(Restrictions) Act 1920;

"the Act of 1940" means the Rent and Mortgage Interest (Restrictions) Act
(Northern Ireland) 1940.

Schedule 10Repeals

1940 c.7

© 1978 Crown Copyright

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