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12.—(1) Subject to paragraph (2), the fact that part of the premises comprised in a dwelling-house is used as a shop or office or for business, trade or professional purposes shall not prevent the dwelling-house from being let on a protected tenancy or subject to a statutory tenancy.
(2) Paragraphs (3) to (5) apply, subject to paragraph (6), where, immediately before the commencement of this Order, part ( “the non-residential part”) of a house to which the Rent Restriction Acts applied was used as a shop or office or for business, trade or professional purposes.
[F1(3) Where it is possible to enter the part of the house used as a dwelling (“the residential part”) without passing through the non-residential part, Articles 3 and 4 shall apply only to the residential part.
(4) Where it is possible to enter the residential part only by passing through the non-residential part, Articles 3 and 4 shall apply to the entire house.]
(5) In the application of Article 7(2) as respects any such house as is referred to in paragraph (2), the non-residential part shall be left out of account.
(6) A tenancy of a dwelling-house which consists of or comprises premises licensed for the sale of intoxicating liquors for consumption on the premises shall not be a protected tenancy, nor shall such a dwelling-house be the subject of a statutory tenancy.
Para. (7) rep. by 1996 NI 5
F1Art. 12(3)(4) substituted (1.4.2007) by Private Tenancies (Northern Ireland) Order 2006 (S.I. 2006/1459 (N.I. 10)), arts. 1(3), 58; S.R. 2006/428, art. 3(b)
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