The Housing (Northern Ireland) Order 1983

Secure tenanciesN.I.

Secure tenanciesN.I.

25.—(1) A tenancy under which a dwelling-house is let as a separate dwelling is a secure tenancy at any time when the conditions described below as the landlord condition and the tenant condition are satisfied, but subject to the exceptions in Schedule 2.

(2) The landlord condition is that the estate of the landlord belongs to—

(a)the Executive; or

(b)a registered housing association;

and in this Chapter references to the landlord mean any body which fulfils the landlord condition.

(3) The tenant condition is that the tenant is an individual and occupies the dwelling-house as his only or principal home; or where the tenancy is a joint tenancy, that each of the joint tenants is an individual and at least one of them occupies the dwelling-house as his only or principal home.

Succession on death of tenantN.I.

26.—(1) Where on the death of the tenant under a secure tenancy there is a person qualified to succeed him, the tenancy vests by virtue of this Article in that person or, if there is more than one such person, in the one who is to be preferred in accordance with paragraph (3), unless the tenant was a successor.

(2) A person is qualified to succeed the tenant under a secure tenancy if he occupied the dwelling-house as his only or principal home at the time of the tenant's death and either—

(a)he is the tenant's spouse[F1 or civil partner]; or

(b)he is another member of the tenant's family and has resided with the tenant throughout the period of twelve months ending with the tenant's death.

(3) Where there is more than one person qualified to succeed the tenant—

(a)the tenant's spouse[F1 or civil partner] is to be preferred to another member of the tenant's family; and

(b)of two or more other members of the tenant's family such of them is to be preferred as may be agreed between them or as may, where there is no such agreement, be selected by the landlord.

(4) [F2Subject to[F1 paragraphs (4A) and (4B)]] the tenant under a secure tenancy is a successor if—

(a)the tenancy vested in him by virtue of paragraph (1); or

(b)he was a joint tenant and has become the sole tenant; or

(c)he became the tenant on the tenancy being assigned to him or on its being vested in him on the death of the previous tenant;[F3 or

(d)the tenancy was previously an introductory tenancy and he was a successor to the introductory tenancy.]

[F2(4A) A tenant to whom the tenancy was assigned in pursuance of an order under Article 26 of the Matrimonial Causes (Northern Ireland) Order 1978 is a successor only if the other party to the marriage was himself a successor; and a tenant to whom the tenancy was assigned by virtue of Article 32A is a successor only if he was a successor in relation to the tenancy which he himself assigned by virtue of that Article.]

[F1(4B) A tenant to whom the tenancy was assigned in pursuance of an order under any of the following provisions of the Civil Partnership Act 2004—

(a)Part 2 of Schedule 15; or

(b)paragraph 9(2) or (3) of Schedule 17,

is a successor only if the other civil partner was a successor.]

(5) Where within six months of the coming to an end of a secure tenancy (in this paragraph referred to as the former tenancy) the tenant becomes a tenant under another secure tenancy; and—

(a)the tenant was a successor in relation to the former tenancy; and

(b)under the other tenancy either the dwelling-house or the landlord is or both are the same as under the former tenancy;

the tenant is a successor also in relation to the other tenancy, unless the agreement creating the other tenancy otherwise provides.

Security of tenureN.I.

27.—(1) Subject to Articles 41 and 42, a secure tenancy cannot be brought to an end by the landlord except by obtaining an order of the court for the possession of the dwelling-house.

(2) Where the landlord obtains an order of the court for the possession of the dwelling-house the tenancy ends on the date on which the tenant is to give up possession in pursuance of the order.

(3) Where a tenant of a dwelling-house let under a secure tenancy wishes to terminate the tenancy he must—

(a)notify the landlord of his intention to do so; and

(b)specify a date, not being a date less than four weeks from the date of notification, on which the tenancy is to terminate.

[F4Proceedings for possession: notice requirementsN.I.

28.—(1) The court shall not entertain proceedings for the possession of a dwelling-house let under a secure tenancy unless—

(a)the landlord has served a notice on the tenant complying with the provisions of this Article, or

(b)the court considers it just and equitable to dispense with the requirement of such a notice.

(2) A notice under this Article shall—

(a)be in a form prescribed by regulations made by the Department,

(b)specify the ground on which the court will be asked to make an order for the possession of the dwelling-house, and

(c)give particulars of that ground.

(3) Where the ground or one of the grounds specified in the notice is Ground 2 in Schedule 3 (nuisance or other anti-social behaviour), the notice—

(a)shall also—

(i)state that proceedings for the possession of the dwelling-house may be begun immediately, and

(ii)specify the date sought by the landlord as the date on which the tenant is to give up possession of the dwelling-house, and

(b)ceases to be in force twelve months after the date so specified.

(4) Where Ground 2 in Schedule 3 is not specified in the notice, the notice—

(a)shall also specify the date after which proceedings for the possession of the dwelling-house may be begun, and

(b)ceases to be in force twelve months after the date so specified.

(5) The date specified in accordance with paragraph (3) or (4) must not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same date as the notice under this Article.]

[F5Additional requirements in relation to certain proceedings for possessionN.I.

28A.—(1) Where a notice under Article 28 has been served on a tenant containing the information mentioned in paragraph (3)(a) of that Article, the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun at a time when the notice is still in force.

(2) Where—

(a)a notice under Article 28 has been served on a tenant, and

(b)a date after which proceedings may be begun has been specified in the notice in accordance with paragraph (4)(a) of that Article,

the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun after the date so specified and at a time when the notice is still in force.

(3) Where—

(a)the ground or one of the grounds specified in a notice under Article 28 is Ground 2A in Schedule 3 (domestic violence), and

(b)the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house,

the court shall not entertain proceedings for the possession of the dwelling-house unless it is satisfied that the landlord has served a copy of the notice on the partner who has left or has taken all reasonable steps to serve a copy of the notice on that partner.

(4) Where—

(a)Ground 2A in Schedule 3 is added to a notice under Article 28 with the leave of the court after proceedings for possession are begun, and

(b)the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings,

the court shall not continue to entertain the proceedings unless it is satisfied that the landlord has served a notice under paragraph (6) on the partner who has left or has taken all reasonable steps to serve such a notice on that partner.

(5) Where paragraph (3) or (4) applies and Ground 2 in Schedule 3 (nuisance or other anti-social behaviour) is also specified in the notice under Article 28, the court may dispense with the requirements as to service in relation to the partner who has left the dwelling-house if it considers it just and equitable to do so.

(6) A notice under this paragraph shall—

(a)state that proceedings for the possession of the dwelling-house have begun,

(b)specify the ground or grounds on which possession is being sought, and

(c)give particulars of the ground or grounds.]

Grounds and orders for possessionN.I.

29.—(1) The court shall not make an order for the possession of a dwelling-house let under a secure tenancy except on one or more of the grounds set out in Part I of Schedule 3F6. . . .

(2) The court shall not make the order—

(a)on any of grounds 1 to 6, unless the condition in paragraph (3)(a) is satisfied;

(b)on ground 7, unless the condition in paragraph (3)(b) is satisfied; and

(c)on any of grounds 8 to 11, unless both those conditions are satisfied.

(3) The conditions are—

(a)that the court considers it reasonable to make the order; and

(b)that the court is satisfied that suitable accommodation will be available for the tenant when the order takes effect.

[F7(3A) The matters to be taken into account by the court in determining whether it is reasonable to make an order on ground 11 shall include—

(a)the age of the tenant;

(b)the period during which the tenant has occupied the dwelling‐house as his only or principal home; and

(c)any financial or other support given by the tenant to the previous tenant.]

[F6(3B) Where a notice under Article 28 has been served on the tenant, the court shall not make such an order on any of the grounds set out in Part I of Schedule 3 unless the ground is specified in the notice; but the grounds so specified may be altered or added to with the leave of the court.

(3C) Where a date is specified in a notice under Article 28 in accordance with paragraph (3) of that Article, the court shall not make an order which requires the tenant to give up possession of the dwelling-house in question before the date so specified.]

(4) Part II of Schedule 3 has effect for determining whether suitable accommodation will be available for a tenant.