Northern Ireland Orders in Council

"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.

(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 prescribed.

    (3) A tenant shall not be required to make a payment in respect of the provision of a rent book.

    (4) If the landlord under a private tenancy fails to comply with paragraph (1), he and, subject to paragraph (6), any person who on his behalf demands or receives rent in respect of the dwelling-house held under that tenancy while the failure continues, shall be guilty of an offence under this Order.

    (5) If any default in respect of which a landlord is convicted of an offence under paragraph (4) continues for more than 14 days after that conviction, that landlord shall be deemed to have committed a further offence under that paragraph in respect of that default.

    (6) If any person other than the landlord is charged with an offence under paragraph (4), it shall be a defence for him to prove that he neither knew nor had reasonable cause to believe this Article had not been complied with.

(a) any private tenancy of a dwelling-house granted on or after the commencement of this Order, and

(b) any protected or statutory tenancy which immediately before the commencement of this Order was a regulated tenancy under the Rent Order;

(a) inspect the state of repair of the premises, and

(b) carry out any works which the landlord is under a duty to execute.

    (2) Where–

(a) the landlord under a private tenancy wishes to carry out any works which he is under a duty to execute, and

(b) the tenant will not permit him to do so,

the landlord may apply to the county court for an order empowering him, and persons authorised by him for the purpose, to enter the dwelling-house and carry out the works.

    (3) An order under paragraph (2) may be made subject to conditions as to–

(a) the time at which the works are to be carried out, and

(b) any provision to be made for the accommodation of the tenant and his household,

as the court may think fit.

    (4) Where, in the exercise of powers conferred by this Article, any damage is caused to the premises or any property in or on the premises by the landlord or any person authorised by him, the landlord shall make that damage good.

(a) a private tenancy is granted, and

(b) the contract of tenancy does not provide that the duration of the tenancy is to be for a term certain,

"fit for human habitation" shall be construed in accordance with Article 17;

"notice of disrepair" means a notice under Article 19;

"notice of unfitness" means a notice under Article 18;

"the owner", in relation to a dwelling-house or building, means the person who for the time being receives or is entitled to receive the rent of the dwelling-house or building, whether on his own account or as agent or trustee for any other person.

(a) that any dwelling-house to which this Part applies is unfit for human habitation, and

(b) that serving a notice of unfitness is the most satisfactory course of action,

it may, subject to the provisions of this Part, serve a notice of unfitness under this paragraph on the owner of the dwelling-house.

    (2) Where the appropriate district council is satisfied–

(a) that any dwelling-house to which this Part applies and which is a flat is unfit for human habitation by reason of the defective condition of a part of the building outside the flat, and

(b) that serving a notice of unfitness is the most satisfactory course of action,

it may, subject to the provisions of this Part, serve a notice of unfitness under this paragraph on the owner of the building.

    (3) The appropriate district council, in addition to serving a notice of unfitness in accordance with paragraph (1) or (2)–

(a) shall serve a copy of the notice on–


(i) the tenant of the dwelling-house,

(ii) the Executive, and

(iii) the rent officer; and



(b) may also serve a copy of the notice on any other person having an estate in the dwelling-house.

    (4) A notice of unfitness shall–

(a) require the person on whom it is served to execute the works specified in the notice within such reasonable period, not being less than 21 days after service of the notice, as may be so specified; and

(b) state that, in the opinion of the appropriate district council, the works will render the dwelling-house fit for human habitation.

(a) the period specified in the notice, or

(b) where the notice has been varied on appeal, such other period as the court may specify on final determination of the appeal.

" (a) in a notice of disrepair served in respect of a dwelling-house which is let under a protected tenancy or a statutory tenancy; or".

    (3) After that paragraph there shall be inserted–

    " (1A) In paragraph (1)–


(a) "notice of disrepair" means a notice under Article 19 of the Private Tenancies (Northern Ireland) Order 2006; and

(b) "protected tenancy" and "statutory tenancy" have the meaning given in the Rent (Northern Ireland) Order 1978.".

    (4) In paragraph (2), the words from "to whom" to "may be," shall be omitted.

    (5) In Schedule 3 to the Housing (Northern Ireland) Order 1992 (provisions with respect to repairs grants), in sub-paragraph (4) of paragraph 2, for the words from "the repairing conditions" to "1978" there shall be substituted "the works specified in the notice of disrepair served under Article 19 of the Private Tenancies (Northern Ireland) Order 2006 in relation to the dwelling-house".

    (6) The amendments made by this Article apply to a repairs grant payable under Article 74 of the Housing (Northern Ireland) Order 1992 towards the cost of works specified in a notice of disrepair served under Article 19 after the commencement of this Order.

"certificate of fitness" has the meaning given in Article 36(4);

"notice of disrepair" means a notice under Article 19;

"notice of refusal" has the meaning given in Article 36(5);

"notice of unfitness" means a notice under Article 18;

"prescribed dwelling-house" has the meaning given in Article 31.

(a) which was constructed before 6th November 1956 or provided by conversion of a building that was constructed before that date,

(b) which is not a prescribed dwelling-house, and

(c) in respect of which no certificate of fitness is in effect.

    (2) Where, on or after the commencement of this Order, any person intends to let under a private tenancy a dwelling-house to which this Article applies, he may apply to the appropriate district council to have the dwelling-house inspected, in order to determine whether it is fit for human habitation.

    (3) Where,–

(a) a private tenancy of a dwelling-house to which this Article applies is granted on or after the commencement of this Order, and

(b) no application has been made under paragraph (2) in respect of that dwelling-house,

"appropriate rent" means an appropriate rent for a rental period;

"the appropriate standard of fitness" shall be construed in accordance with Article 40(3);

"controlled tenancy" has the meaning given in Article 40(4);

"the register of rents" means the register established under Article 46;

"registered rent", in relation to a controlled tenancy of a dwelling-house, means the rent entered in the register of rents as an appropriate rent under that tenancy;

"rent assessment committee" means a committee constituted under Schedule 1;

"the rent limit" means the rent limit under Article 48;

"rental period" means a period in respect of which a payment of rent falls to be made.

(a) the terms of the tenancy agreement (except those as to rent) which apply to that controlled tenancy;

(b) the general condition and state of repair of the dwelling-house, including–


(i) any notice of unfitness or notice of disrepair having effect in respect of the dwelling-house, and

(ii) the certificate of fitness or notice of refusal having effect in respect of the dwelling-house;



(c) the rents of dwelling-houses let by the Executive which are comparable, or as comparable as may be, to the dwelling-house in question;

(d) the level of the local reference rent (as determined in accordance with paragraph 4 of Schedule 1A to the Housing Benefit (General) Regulations (Northern Ireland) 1987 (SR 1987 No. 461)) of similar dwelling-houses let under similar tenancies; and

(e) if any furniture is provided for use under the tenancy, the quantity, quality and condition of the furniture.

    (4) For the purposes of the determination it shall be assumed that the number of persons seeking to become tenants of similar dwelling-houses in the locality on the terms (other than those relating to rent) of the controlled tenancy is not substantially greater than the number of such dwelling-houses in the locality which are available for letting on such terms.

    (5) There shall be disregarded–

(a) any disrepair or other defect attributable to a failure by the tenant, or any predecessor in title of his, to comply with any terms of the tenancy;

(b) any improvement carried out, otherwise than in pursuance of the terms of the tenancy, by the tenant or any predecessor in title of his.

(a) in relation to a tenancy of a dwelling-house, a rent is registered in the register of rents, and

(b) the rent officer is satisfied that the dwelling-house is no longer let under that tenancy,

the rent officer shall remove any entry relating to that tenancy of the dwelling-house from the register of rents.

    (2) For the purposes of paragraph (1) the rent officer may make such enquiries as he considers appropriate.

    (3) The rent officer shall give to any person appearing to him to have an interest in the dwelling-house, 14 days' notice of his intention to remove the entry from the register of rents.

    (4) Where–

(a) the rent officer removes an entry relating to a tenancy of a dwelling-house from the register of rents, and

(b) no certificate of fitness is in effect in respect of the dwelling-house,

the rent officer may maintain for the purposes of this Order a record of the information contained in the entry in such form as appears appropriate to him.

(a) shall be in the prescribed form, and

(b) shall specify the date on which the increase is to take effect.

(a) take into account the general level of rents for dwelling-houses let by the Executive,

(b) the cost of repairs, and

(c) any other matter appearing to him to be relevant.

    (4) Where the rent officer determines under paragraph (1) that any registered rents should be increased, he shall make a recommendation to that effect to the Department.

    (5) Where the Department accepts a recommendation under paragraph (4), it shall make an order providing for the increase of those rents–

(a) by an amount recommended by the rent officer, or

(b) by such other amount as the Department, after consultation with the rent officer, considers appropriate.

    (6) The amount of an increase may be expressed as a percentage.

    (7) Where the Department makes an order under paragraph (5), the rent officer shall make such alterations in the register of rents as appear to him to be necessary in consequence of the order.

    " (1) A tenancy of a dwelling-house is a protected tenancy for the purposes of this Order if–


(a) the Rent Restriction Acts applied to the dwelling-house immediately before the commencement of this Order (1st October 1978), and

(b) the dwelling-house was, immediately after that commencement, let under that tenancy as a separate dwelling.



    (1A) A tenancy of a dwelling-house is a protected tenancy for the purposes of this Order if–



(a) paragraph (2) applies to the dwelling-house, and

(b) the dwelling-house was, immediately before the commencement of Article 56 of the Private Tenancies (Northern Ireland) Order 2006, let under that tenancy as a separate dwelling.".

    (3) After paragraph (2A) there shall be inserted–

    " (2B) A tenancy of a dwelling-house is a protected tenancy for the purposes of this Order if, immediately before the commencement of Article 56 of the Private Tenancies (Northern Ireland) Order 2006, that tenancy was a protected tenancy by virtue of Article 5 of this Order.".

    (4) After paragraph (3) there shall be inserted–

    " (3A) For the purposes of this Article, a dwelling-house may be a house or part of a house.".

(a) give directions of a general or specific nature, or

(b) issue guidance,

to district councils as to the manner in which they are to discharge their functions under this Order and the Rent Order.

    (2) Without prejudice to the generality of paragraph (1), the Department may direct any district council to give to the Department, within such period as the Department may specify, such information with respect to the exercise by the council of its functions under this Order and the Rent Order as the Department may require.

    (3) A district council shall act in accordance with any directions given under this Article and shall have regard to any guidance so issued.

    (4) Any directions or guidance given or issued under this Article may be varied by subsequent directions or guidance.

(a) information as to–


(i) the rights and duties of landlords and tenants under this Order and the Rent Order, and

(ii) the procedure for enforcing those rights or securing the performance of those duties;



(b) such other information for the assistance of landlords and tenants as may appear to the Department and the Executive to be appropriate.

(a) on any agent of the landlord named as such in the rent book; or

(b) on the person who receives the rent of the dwelling-house.

    (2) If–

(a) the tenant under a private tenancy of a dwelling-house, or

(b) a district council for the purposes of enabling it to perform any of its functions under this Order,

    " (7) In subsection (6)(a) "material time" means the time when Article 69 of the Private Tenancies (Northern Ireland) Order 2006 came into operation.".

(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 14 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 14 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 under this Order.

     2. Where, within the period specified in paragraph 1(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.

     3. —(1) The rent officer shall submit to the rent assessment committee–

(a) a statement of rent determined under Article 42 in relation to the tenancy of the dwelling-house, and

(b) such other information relating to the tenancy and the dwelling-house as may be prescribed.

    (2) The committee shall afford to the rent officer an opportunity to make oral or written representations.

     4. 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 1, 2 or 3.

     " 47. Any charge created under Article 25(6) of the Private Tenancies (Northern Ireland) Order 2006.".

" PROTECTED AND STATUTORY TENANCIES".

     3. In Article 4(2) (statutory tenants and tenancies), omit the words "at any time".

     4. In Article 49 (prohibition of premiums and loans)–

(a) in the heading, for "grant" substitute "renewal", and

(b) in paragraphs (1) and (2), omit "grant,".

     5. In Article 73A(1) (method of serving certain documents), for the words from "any" to "Schedule 6" substitute "Article 73(2)".

     6. In Article 75(1) (application of Order to Crown property), omit "Subject to Article 5(7),".

     7. —(1) Part I of Schedule 4 (grounds for possession of dwelling-houses let on or subject to protected or statutory tenancies) shall be amended as follows.

    (2) In Case 1, in the second sentence, for "Article 42" substitute "Article 8 of the Private Tenancies (Northern Ireland) Order 2006".

    (3) In Case 9, for the words from "Part IV" to the end substitute "Chapter III of Part IV of the Private Tenancies (Northern Ireland) Order 2006".

(a) in paragraph (1), omit the words from "and Article 19" to the end; and

(b) in paragraph (3), for sub-paragraphs (a) and (b), and the word "either" which precedes sub-paragraph (a), substitute "no person is in possession of the dwelling-house as a protected or statutory tenant.".

     11. In Part II of Schedule 9 (other amendments of the 1978 Order), in paragraph 6, for the words from the beginning to "Schedule 6" substitute "In Articles 16(1) and 73(3)".

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