PART IINTRODUCTORY
Title and commencement1
This OrderF1 may be cited as the Rent (Northern Ireland) Order 1978 … Commencement …
Interpretation2
1
The Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
2
In this Order—
“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 of the Environment;
“dwelling-house” includes part of a house;
“the Executive” means the Northern Ireland Housing Executive;
“government department” includes a department of the Government of the United Kingdom;
“the Housing Acts” means the Housing Acts (Northern Ireland) 1890 to 1977;
“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 would be, entitled to possession of the dwelling-house;
“let” includes sub-let;
“net annual value” means the net annual value under the Rates (Northern Ireland) Order 1977 [1977 NI 28] ;
“prescribed” means prescribed by regulations made by the Department;
“private tenancy” means any tenancy except—
- a
a tenancy under which the estate of the landlord belongs to—
- i
the Crown (whether in right of Her Majesty's Government in the United Kingdom or in Northern Ireland);
- ii
a government department;
- iii
the Executive;
- iv
a registered housing association;
or is held in trust for Her Majesty for the purposes of a government department;
- i
- b
a tenancy the purpose of which is to confer on the tenant the right to occupy a dwelling-house for a holiday;
- a
“protected tenancy” has the meaning assigned by Article 3(1);
“Public Health Acts” means the Public Health Acts (Northern Ireland) 1878 to 1967;
Definition rep. by 1985 NI 15
“rates” means the regional rate and the district rate;
“registered”, in relation to a housing association, means registered in the register maintained underF2 Part VII of the Housing (Northern Ireland) Order 1981;
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“rent” does not include any sum payable on account of rates;
“Rent Restriction Acts” means the Rent and Mortgage Interest (Restriction) Acts (Northern Ireland) 1920 to 1932 or Part II of the Rent and Mortgage Interest (Restrictions) Act (Northern Ireland) 1940 [1940 c.7] ;
“rental period” means a period in respect of which a payment of rent falls to be made;
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“statutory tenant” shall be construed in accordance with Article 4(5);
“tenancy” includes a statutory tenancy;
“tenant” includes a statutory tenant and also includes a sub-tenant and any person deriving title under the original tenant or sub-tenant.
PART IIF20 PROTECTED AND STATUTORY TENANCIES
Protected tenancies3
F71
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.
F82
This paragraph applies to a dwelling-house let by an unregistered housing association if, immediately before the commencement of Part V of the Housing (Northern Ireland) Order 1983, this Order applied to such a dwelling-house, or would have so applied if the landlord had not been an unregistered housing association.
2A
In paragraph (2) “unregistered housing association” means a housing association, as defined inF9 Article 3 of the Housing (Northern Ireland) Order 1992 which is not registered under Article 14 of that Order.
F102B
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.
3
If any question arises in any proceedings whether the Rent Restriction Acts applied to a dwelling-house immediately before the commencement of this Order, it shall be deemed to be a dwelling-house to which those Acts applied unless the contrary is shown.
F113A
For the purposes of this Article, a dwelling-house may be a house or part of a house.
4
In this Order “protected tenancy” does not include a fee farm grant or a tenancy granted for a term certain exceeding ninety-nine years, unless that tenancy is, or may become, terminable before the end of that term by notice given to the tenant.
Statutory tenants and tenancies4
1
After the termination of a protected tenancy of a dwelling-house the person who, immediately before that termination, was the protected tenant of the dwelling-house shall, if and so long as he occupies the dwelling-house as his residence, be the statutory tenant of it.
2
Schedule 1 shall have effect for determining what person (if any) is the statutory tenant of a dwelling-house F12. . . after the death of a person who, immediately before his death, was either a protected tenant of the dwelling-house or the statutory tenant of it by virtue of paragraph (1) or (5).
3
In paragraph (1) and in Schedule 1, the phrase “if and so long as he occupies the dwelling-house as his residence” shall be construed as requiring the fulfilment of the same, and only the same, qualifications (whether as to residence or otherwise) as had to be fulfilled before the commencement of this Order to entitle a tenant, within the meaning of the Rent Restriction Acts, to retain possession, by virtue of those Acts and not by virtue of a tenancy, of a dwelling-house to which those Acts applied.
4
A person who becomes a statutory tenant of a dwelling-house as mentioned in paragraph (1) is, in this Order, referred to as a statutory tenant by virtue of his previous protected tenancy, and a person who becomes a statutory tenant as mentioned in paragraph (2) is, in this Order, referred to as a statutory tenant by succession.
5
In this Order—
a
any reference to a statutory tenant by virtue of his previous protected tenancy shall be deemed to include a reference to a person—
i
who has been the tenant under a tenancy of a dwelling-house to which the Rent Restriction Acts applied immediately before the commencement of this Order; and
ii
who has retained possession of that dwelling-house by virtue of those Acts and is in possession of that dwelling-house immediately before that commencement;
b
any reference to a statutory tenant by succession shall be deemed to include a reference 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 by virtue of the Acts arose on the death of either—
i
a person who had been the tenant under a tenancy of the dwelling-house and had retained possession of that dwelling-house by virtue of the Rent Restriction Acts; or
ii
a person who became the tenant of the dwelling-house after the death of such a person as is mentioned in head (i),
and “statutory tenant” shall be construed accordingly.
6
In this Order a dwelling-house is referred to as subject to a statutory tenancy when there is a statutory tenant of it.
Application to new tenancies5
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 6 rep. by 1989 NI 4
Restricted and regulated tenancies7
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restricted and regulated rent certificates8
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conversion of restricted tenancies9
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ancillary provisions as to applications under Articles 8 and 910
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeal to county court11
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises with a business use12
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.
F193
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
PART IIISECURITY OF TENURE
Limitations on recovery of possession of dwelling-houses let on protected tenancies or subject to statutory tenancies
Grounds for possession of certain dwelling-houses13
1
Subject to the following provisions of this Part, a court shall not make an order for possession of a dwelling-house which is for the time being let on a protected tenancy or subject to a statutory tenancy unless the court considers it reasonable to make such an order and either—
a
the court is satisfied that suitable alternative accommodation is available for the tenant or will be available for him when the order in question takes effect, or
b
the circumstances are as specified in any of the Cases in Part I of Schedule 4.
2
If, apart from paragraph (1), the landlord would be entitled to recover possession of a dwelling-house which is for the time being let on a protected tenancy or subject to a statutory tenancy, the court shall make an order for possession if the circumstances of the case are as specified in any of the Cases in Part II of Schedule 4.
3
Part III of Schedule 4 shall have effect in relation to Case 8 in that Schedule.
4
Part IV of Schedule 4 shall have effect for determining whether, for the purposes of paragraph (1)( a), suitable alternative accommodation is or will be available for a tenant.
F215
Part V of Schedule 4 shall have effect for the purpose of setting out the conditions which are relevant to Cases 11, 12 and 18 of that Schedule.
Extended discretion of court in claims for possession of certain dwelling-houses14
1
Subject to paragraph (5), a court may adjourn, for such period or periods as it thinks fit, proceedings for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy.
2
On the making of an order for possession of such a dwelling-house or at any time before the enforcement of such an order (whether made before or after the commencement of this Order), the court, subject to paragraph (5), on the application of the tenant or of the tenant's spouseF22 or civil partner if that spouseF22 or civil partner is occupying the dwelling-house as his or her residence, may—
a
stay or suspend enforcement of the order, or
b
postpone the date of possession,
for such period or periods as the court thinks fit.
F233
On any such adjournment as is referred to in paragraph (1) or any such stay, suspension or postponement as is referred to in paragraph (2), the court shall, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after termination of the tenancy (mesne profits) and may impose such other conditions as it thinks fit.
4
If any such conditions as are referred to in paragraph (3) are complied with, the court may, if it thinks fit, discharge or rescind any such order as is referred to in paragraph (2).
F244A
Paragraph (4B) applies in any case where—
a
proceedings are brought for possession of a dwelling house which is let on a protected tenancy or subject to a statutory tenancy;
b
c
the tenancy is, or may be, terminated as a result of those proceedings.
4B
In any case to which this paragraph applies, the spouse or former spouseF22, or the civil partner or former civil partner, shall, so long as he or she remains in occupation, have the same rights in relation to, or in connection with, any such adjournment as is referred to in paragraph (1) or any such stay, suspension or postponement as is referred to in paragraph (2), as he or she would have ifF22 those home rights were not affected by the termination of the tenancy.
F254C
Paragraph (4D) applies in any case where—
a
proceedings are brought for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy;
b
an order is in force under Article 13 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 conferring rights on theF22 former spouse or former civil partner of the tenant or an order is in force under Article 14 of that Order conferring rights on a cohabitee or former cohabitee (within the meaning of that Order) of the tenant;
c
that former spouse,F22 former civil partner, cohabitee or former cohabitee is then in occupation of the dwelling-house; and
d
the tenancy is or may be terminated as a result of those proceedings.
4D
In any case to which this paragraph applies, the former spouse,F22 former civil partner, cohabitee or former cohabitee shall, so long as he or she remains in occupation, have the same rights in relation to, or in connection with, any such adjournment as is referred to in paragraph (1) or any such stay, suspension or postponement as is referred to in paragraph (2), as he or she would have if the rights conferred by the order referred to in paragraph (4C)(b) were not affected by the termination of the tenancy.
Protected and statutory tenancies
Terms and conditions of statutory tenancies15
1
So long as he retains possession, a statutory tenant shall observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as they are consistent with this Order.
2
A statutory tenant of a dwelling-house shall be entitled to give up possession of the dwelling-house only—
a
if he gives such notice as would have been required under the original contract of tenancy, or
b
if no notice would have been so required, on giving not less than four weeks' notice.
3
Notwithstanding anything in the contract of tenancy, a landlord who obtains an order for possession of a dwelling-house as against a statutory tenant shall not be required to give the statutory tenant any notice to quit.
Payments demanded by protected or statutory tenants as a condition of giving up possession16
1
A protected or statutory tenant of a dwelling-house who, as a condition of giving up possession of the dwelling-house, asks for or receives the payment of any sum, or the giving up of any other consideration, by any person other than the landlord, shall be guilty of an offence and liable toF26 a fine not exceeding £500.
2
Where a protected or statutory tenant of a dwelling-house requires that furniture or other articles shall be purchased as a condition of his giving up possession of the dwelling-house—
a
the price demanded shall, at the request of the person on whom the demand is made, be stated in writing, and
b
if the price exceeds the reasonable price of the articles, the excess shall be treated, for the purposes of paragraph (1), as a sum asked to be paid as a condition of giving up possession.
3
The court by which a person is convicted of an offence under this Article may order the payment—
a
to the person who made any such payment, or gave any such consideration, as is referred to in paragraph (1), of the amount of that payment or the value of that consideration, or
b
to the person who paid any such price as is referred to in paragraph (2)( a), of the amount by which the price paid exceeds the reasonable price.
Changes of statutory tenants
Change of statutory tenant by agreement17
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No pecuniary consideration to be required on change of tenant under Article 1718
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
Determination of sub-tenanciesF2919
Where–
a
the whole or part of a dwelling-house–
i
let on a protected tenancy, or
ii
subject to a statutory tenancy,
is sub-let; and
b
after the commencement of Article 59 of the Private Tenancies (Northern Ireland) Order 2006 the landlord becomes entitled, as against the tenant, to possession of the dwelling-house;
the landlord shall also be entitled to possession against the sub-tenant.
Compensation for misrepresentation or concealment20
Where in such circumstances as are specified in any Case in Schedule 4—
a
a landlord obtains an order for possession of a dwelling-house let on a protected tenancy or subject to a statutory tenancy; and
b
it is subsequently made to appear to the court that the order was obtained by misrepresentation or concealment of material facts,
the court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order.
PART IVRENTS UNDER REGULATED TENANCIES
Rent limit under regulated tenancies
Limit of rent under regulated tenancies21
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ancillary provisions as to notices of increase22
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement
Recovery from landlord of sums paid in excess of recoverable rent, etc.23
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
Interpretation of Part IV24
F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART VREGISTRATION AND DETERMINATION OF RENTS
Register of rents25
F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amounts attributable to services25A
F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Removal of tenancies from the register25B
F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application for registration of rent26
F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applications to rent assessment committee27
F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rent assessment committees: constitution, etc.28
F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recoupment of rates, etc. from tenants29
F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Effect of registration of rent30
F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application for determination of appropriate rent following change in condition of dwelling-houses, etc.31
F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applications for determination of future rent32
F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Review of registered rents33
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Collection of information about certain tenancies34
F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Offences under Part V35
F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART VIRENTS UNDER RESTRICTED TENANCIES
Rents of restricted tenancies36
F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recovery from landlord of sums paid in excess of recoverable rent, etc.37
F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART VIIRENT BOOKS AND RIGHTS AND REPAIRING OBLIGATIONS UNDER REGULATED TENANCIES
Rent books for private tenancies38
F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Offences under Article 3839
F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provisions applied to regulated tenancies40
F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Landlord's duties to repair, etc. under regulated tenancy41
F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Care of premises by tenant under regulated tenancy42
F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Landlord's obligations under regulated tenancy of parts of building43
F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General qualifications on landlord's duties44
F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Standard of repair and knowledge of disrepair45
F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Certificates of disrepair46
F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeals in relation to certificates of disrepair47
F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement, etc. of certificates of disrepair48
F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART VIIIPREMIUMS, ETC.
Prohibition of premiums and loans on F60renewal , etc. of protected tenancies49
1
Any person who, as a condition of the F61. . . renewal or continuance of a protected tenancy, requires, in addition to the rent, the payment of any premium or the making of any loan (whether secured or unsecured) shall be guilty of an offence under this Article.
2
Any person who, in connection with the F62. . . renewal or continuance of a protected tenancy, receives any premium, or any loan, in addition to the rent, shall be guilty of an offence under this Article.
3
A person guilty of an offence under this Article shall be liable to a fine not exceeding £1,000.
4
The court by which a person is convicted of an offence under the provisions of this Article relating to requiring or receiving any premium may order the amount of the premium to be repaid to the person by whom it was paid.
Prohibition of premiums and loans on assignment of protected tenancies50
F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Excessive price for furniture to be treated as premium51
Where the purchase of any furniture has been required as a condition of the grant, renewal, continuance or assignment of a protected tenancy then, if the price exceeds the reasonable price of the furniture, the excess shall be treated, for the purposes of this Part, as if it were a premium required to be paid as a condition of the grant, renewal, continuance or assignment of the tenancy.
Recovery of premiums and loans unlawfully required or received52
1
Where under any agreement (whether made before or after the commencement of this Order)—
a
any premium is paid after that commencement; and
b
the whole or any part of that premium could not lawfully be required or received under the preceding provisions of this Part,
the amount of the premium or, as the case may be, so much of it as could not lawfully be required or received, shall be recoverable by the person by whom it was paid.
2
Nothing in Article 49 or 51 shall invalidate any agreement for the making of a loan or any security issued in pursuance of such an agreement but, notwithstanding anything in the agreement for the loan, any sum lent in circumstances involving a contravention of either of those Articles shall be repayable to the lender on demand.
Interpretation of Part VIII53
1
In this Part—
“furniture” includes fittings and other articles;
F64“premium” includes—
- a
any fine or other like sum;
- b
any other pecuniary consideration in addition to rent; and
- c
any sum paid by way of a deposit, other than one which does not exceed one-sixth of the annual rent and is reasonable in relation to the potential liability in respect of which it is paid.
- a
2
Nothing in this Part renders any amount recoverable more than once.
C6PART IXPROTECTION AGAINST HARASSMENT AND EVICTION WITHOUT DUE PROCESS OF LAW
Pt. IX (arts. 54-58) excluded (17.9.2011) by Caravans Act (Northern Ireland) 2011 (c. 12), ss. 14(3), 18
Unlawful eviction and harassment of occupierC154
1
If any person unlawfully deprives the tenant of a dwelling-house of his occupation of the dwelling-house or any part thereof or attempts to do so he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the tenant had ceased to reside in the dwelling-house.
2
If any person with intent to cause the tenant of a dwelling-house—
a
to give up the occupation of the dwelling-house or any part thereof; or
b
to refrain from exercising any right or pursuing any remedy in respect of the dwelling-house or any part thereof;
does acts F65likely to interfere with the peace or comfort of the tenant or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the dwelling-house as a residence, he shall be guilty of an offence.
F662A
Subject to paragraph (2B), the landlord of a dwelling-house or an agent of the landlord shall be guilty of an offence under this Order if–
a
he does acts likely to interfere with the peace and comfort of the tenant of the dwelling-house or members of his household, or
b
he persistently withdraws or withholds services reasonably required for the occupation of the dwelling-house as a residence,
and, (in either case) he knows, or has reasonable cause to believe, that the conduct is likely to cause the tenant to give up occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.
2B
A person shall not be guilty of an offence under paragraph (2A) if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.
3
A person guilty of an offence under this Article shall be liable—
a
on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding six months or to both; and
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
F673A
Proceedings for an offence under this Article may be instituted by the district council in whose district the dwelling-house is situated.
4
Nothing in this Article shall prejudice any liability or remedy to which a person guilty of an offence thereunder may be subject in civil proceedings.
Restriction on re-entry without due process of lawC255
Where any premises are let as a dwelling-house on a lease which is subject to a right of re-entry or forfeiture it shall not be lawful to enforce that right otherwise than in pursuance of proceedings in the court while any person is lawfully residing in the premises or any part of them.
Prohibition of eviction without due process of lawC356
1
Where any premises have been let as a dwelling-house under a tenancy and—
a
the tenancy (in this Part referred to as “the former tenancy”) has come to an end; but
b
the occupier continues to reside in the premises or part of them;
it shall not be lawful for the owner to enforce against the occupier, otherwise than in pursuance of proceedings in the court, his right to recover possession of the premises.
2
Paragraph (1) shall, with the necessary modifications, apply where the owner's right to recover possession arises on the death of the tenant under a statutory tenancy.
3
In this Article “occupier” means any person lawfully residing in a dwelling-house at the termination of the former tenancy.
Savings (Part IX)C457
1
Nothing in this Part shall affect the jurisdiction of the High Court in proceedings—
a
to enforce a lessor's right of re-entry or forfeiture;
b
to enforce a mortgagee's right of possession in a case where the former tenancy was not binding on the mortgagee.
2
Nothing in this Part shall affect the operation of—
a
section 19 of the Defence Act 1842 [1842 c.94] ;
b
section 91 of the Lands Clauses Consolidation Act 1845 [1845 c.18] ;
c
section 5(1) of the Criminal Law Amendment Act 1912 [1912 c.20] .
F68d
Article 129 of, and Schedule 15 to, the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985
Interpretation of Part IXC558
1
In this Part—
“the court” means—
- a
the county court, in relation to premises with respect to which the county court has for the time being jurisdiction in actions for the recovery of land; and
- b
the High Court, in relation to other premises;
- a
“the owner”, in relation to any premises, means the person who, as against the occupier, is entitled to possession of the premises.
2
For the purpose of this Part a person who, under the terms of his employment, had exclusive possession of a dwelling-house otherwise than as a tenant shall be deemed to have been a tenant and “let” and “tenancy” shall be construed accordingly.
Part X (Arts. 59‐61) rep. by 1983 NI 14
PART XIMISCELLANEOUS AND GENERAL
Length of notice to quit under tenancies of dwelling-houses62
F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inspection and entry of certain premises63
F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tenant sharing accommodation with persons other than landlord64
1
Where a tenant has the exclusive occupation of any accommodation (in this Article referred to as “the separate accommodation”) and—
a
the terms as between the tenant and his landlord on which he holds the separate accommodation include the use of other accommodation (in this Article referred to as “the shared accommodation”) in common with another person or other persons, not being or including the landlord, and
b
by reason only of the circumstances mentioned in sub-paragraph ( a), the separate accommodation would not, apart from this Article, be a dwelling-house let on or subject to a protected or statutory tenancy,
the separate accommodation shall be deemed to be a dwelling-house let on a protected tenancy or, as the case may be, subject to a statutory tenancy and the following provisions of this Article shall have effect.
2
Where, for the purpose of determining the net annual value of the separate accommodation, it is necessary to make an apportionment under this Order, regard is to be had to the circumstances mentioned in paragraph (1)( a).
3
Subject to paragraph (4), while the tenant is in possession of the separate accommodation (whether as a protected or statutory tenant), any term or condition of the contract of tenancy terminating or modifying, or providing for the termination or modification of, his right to the use of any of the shared accommodation which is living accommodation shall be of no effect.
4
Where the terms and conditions of the contract of tenancy are such that at any time during the tenancy the persons in common with whom the tenant is entitled to the use of the shared accommodation could be varied, or their number could be increased, nothing in paragraph (3) shall prevent those terms and conditions from having effect so far as they relate to any such variation or increase.
5
Subject to paragraph (6) and without prejudice to the enforcement of any order made thereunder, while the tenant is in possession of the separate accommodation, no order shall be made for possession of any of the shared accommodation, whether on the application of the immediate landlord of the tenant or on the application of any person under whom that landlord derives title, unless a like order has been made, or is made at the same time, in respect of the separate accommodation; and Article 13(1) shall apply accordingly.
6
Subject to paragraph (7), on the application of the landlord, the county court may make such order, either—
a
terminating the right of the tenant to use the whole or any part of the shared accommodation other than living accommodation, or
b
modifying his right to use the whole or any part of the shared accommodation, whether by varying the persons or increasing the number of persons entitled to the use of that accommodation, or otherwise,
as the court thinks just.
7
No order shall be made under paragraph (6) so as to effect any termination or modification of the rights of the tenant which, apart from paragraph (3), could not be effected by or under the terms of the contract of tenancy.
8
In this Article “living accommodation” means accommodation of such a nature that the fact that it constitutes or is included in the shared accommodation is (or, if the tenancy has ended, was) sufficient, apart from this Article, to prevent the tenancy from constituting a protected or statutory tenancy of a dwelling-house.
Certain sub-lettings not to exclude any part of sub-lessor's premises from Order65
1
Where the tenant of any premises consisting of a dwelling-house has sub-let a part, but not the whole, of the premises, then, as against his landlord or any superior landlord, no part of the premises shall be treated as not being a dwelling-house let on or subject to a protected or statutory tenancy by reason only that—
a
the terms on which any person claiming under the tenant holds any part of the premises include the use of accommodation in common with other persons; or
b
part of the premises is let to any such person at a rent which includes payments in respect of board, attendance or use of furniture.
2
This Article does not affect the rights against, and liabilities to, each other of the tenant and any person claiming under him, or of any two such persons.
Overholding66
A tenant shall not be deemed for the purposes of section 76 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 [1860 c.154] (payment of double rent for overholding) wilfully to hold over any land comprised in a tenancy by reason only of his remaining in possession thereof under or by virtue of this Order.
Adjustment for differences in lengths of rental periods67
1
In ascertaining for the purposes of this Order whether there is any difference with respect to rents or rates between one rental period and another (whether of the same tenancy or not) or the amount of any such difference, any necessary adjustment shall be made to take account of periods of different lengths.
2
For the purposes of an adjustment referred to in paragraph (1)—
a
one month shall be treated as equivalent to one-twelfth of a year; and
b
one week shall be treated as equivalent to one fifty-second of a year.
Appropriate district councils68
F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
County court jurisdiction69
1
A county court shall have jurisdiction, either in the course of any proceedings relating to a dwelling or on an application made for the purpose by the landlord or the tenant, to determine any question—
a
as to whether a tenancy is a protected tenancy or whether any person is a statutory tenant of a dwelling-house;
b
F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
or as to any matter which is or may become material for determining any such question.
2
A county court shall have jurisdiction to deal with any claim or other proceedings arising out of any of the provisions of this Order (except Part IX) notwithstanding that by any reason of the amount of the claim or otherwise the case would not, apart from this paragraph, be within the jurisdiction of a county court.
3
If, under this Order, a person takes proceedings in the High Court which he could have taken in the county court he shall not be entitled to receive any costs.
Prosecution of offences70
Offences under this Order are, subject to Article 54(3), punishable summarily.
Net annual value71
1
The net annual value on any day of a dwelling-house shall be ascertained for the purposes of this Order as follows:—
a
if the dwelling-house is a hereditament for which a net annual value is then shown in the valuation list, it shall be that net annual value;
b
if the dwelling-house forms part only of such a hereditament or consists of or forms part of more than one such hereditament, its net annual value shall be taken to be such value as is found by a proper apportionment or aggregation of the net annual value or values so shown;
c
if Article 12(3) applies in relation to the dwelling-house, its net annual value shall be taken to be the value appointed, under Article 44(2) of the Rates (Northern Ireland) Order 1977 [1977 NI 28] , to so much of the dwelling-house as is used for the purposes of a private dwelling;
d
if Article 12(4) applies in relation to the dwelling-house, its net annual value shall be taken to be the net annual value shown in the valuation list for the dwelling-house.
2
Any question arising under this Article as to the proper apportionment or aggregation of any value or values shall be determined by the Commissioner of Valuation for Northern Ireland.
3
Any person who is aggrieved by the decision of the Commissioner of Valuation for Northern Ireland under paragraph (2) as to the proper apportionment or aggregation of any value or values may, within twenty-eight days from the date on which he receives notice of the decision, appeal to the Lands Tribunal against the decision.
4
Where, after the commencement of this Order—
a
the valuation list is altered so as to vary the net annual value of the hereditament of which the dwelling-house consists or forms part; and
b
the alteration has effect from a date not later than that commencement, the net annual value of the dwelling-house on the commencement of this Order shall be ascertained as if the value shown in the valuation list on that commencement had been the value shown in the list as altered.
5
Paragraphs (1) to (4) apply in relation to any other land as they apply in relation to a dwelling-house.
Information72
F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Service of notices on landlord's agents73
1
Any document required or authorised by this Order to be served on a landlord of a dwelling-house shall be deemed to be duly served on him if it is served—
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
F74If—
F74a
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,
serves upon any such agent or other person as is referred to in paragraph (1) a notice in writing requiring the agent or other person to disclose to him the full name and place of abode or place of business of the landlord, that agent or other person shall forthwith comply with the notice.
3
If any such agent or other person as is referred to in paragraph (2) fails or refuses forthwith to comply with a notice served on him under that paragraph, he shall be liable toF74 a fine not exceeding £500, unless he shows to the satisfaction of the court that he did not know, and could not with reasonable diligence have ascertained, such of the facts required by the notice to be disclosed as were not disclosed by him.
F75Method of serving certain documents73A
1
Any document to be served under F76Article 73(2) may be served by being sent by ordinary post.
2
In section 24(1) of the Interpretation Act (Northern Ireland) 1954 (service of documents), as it applies to the service by post of such a document, the word “registering” shall be omitted.
Regulations74
1
The Department may make regulations—
a
prescribing forms for notices, certificates and other documents required or authorised under this Order;
b
requiring such notices, certificates and documents to contain such information as may be specified in the regulations;
c
prescribing the procedure on applications to, and to be followed by, rent assessment committees;
d
prescribing anything which is required by this Order to be prescribed;
e
generally for carrying into effect this Order.
2
Regulations under paragraph (1) may contain provisions modifying Schedule 6, but any such regulations shall be made subject to affirmative resolution.
3
Subject to paragraph (2), regulations under paragraph (1) shall be subject to negative resolution.
Application to Crown property75
1
F77. . . this Order shall apply in relation to premises in which there subsists, or at any material time subsisted, a Crown estate as it applies in relation to premises in which no such estate subsists or ever subsisted.
2
In this Article “Crown estate” means an estate—
a
which belongs to the Crown in right of Her Majesty's Government in the United Kingdom or in Northern Ireland; or
b
which is held in trust for Her Majesty for the purposes of a government department.
Prohibition of agreements excluding Order76
This Order shall have effect notwithstanding any agreement to the contrary.
Amendments, savings and repeals77
Para.(1), with Schedule 8, effects amendments
2
The savings in Schedule 9 shall have effect.
Para.(3), with Schedule 10, effects repeals
Heading of Pt. II substituted (1.4.2007) by Private Tenancies (Northern Ireland) Order 2006 (S.I. 2006/1459 (N.I. 10)), arts. 1(3), 74, Sch. 4 para. 2; S.R. 2006/428, art. 3(b)(c)