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The Housing (Northern Ireland) Order 2003

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Changes over time for: Section 28

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There are currently no known outstanding effects for the The Housing (Northern Ireland) Order 2003, Section 28. Help about Changes to Legislation

Interpretation of Part IIIN.I.
This section has no associated Explanatory Memorandum

28.—(1) In this Part—

  • “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

  • “elderly” means aged 60 years or over;

  • “house in multiple occupation” has [F1the meaning given by section 1 of the Act of 2016] ;

  • “housing action area” has the same meaning as in Article 2(2) of the Order of 1981;

  • “improvement” includes alteration and enlargement;

  • “owner”, in relation to a dwelling, has the meaning given by Article 32, and, in relation to a house in multiple occupation, has [F2the meaning given by section 88(5) and (6) of the Act of 2016] ;

  • “owner's interest”, in relation to any premises, means—

    (a)

    a freehold estate in possession (whether legal or equitable), or

    (b)

    an interest under a tenancy granted or extended for a term of years of which not less than 10 years remain unexpired at the date of the application,

    whether held by the applicant alone or jointly with others;

  • “partner”, in relation to a person, means that person's spouse[F3 or civil partner] or a person other than a spouse[F3 or civil partner] with whom he or she lives as husband or wife[F3 or as if they were civil partners] ;

  • “rack rent” means a rent which is not less than two-thirds of the net annual value of the dwelling, or a rent which [F4is recoverable by virtue of the Private Tenancies (Northern Ireland) Order 2006];

  • “relevant authority” means the authority for the area in which the dwelling or building is situated; and references to an authority and to the area of an authority shall be construed in accordance with paragraphs (2), (3) and (4) of Article 2 of the Children (Northern Ireland) Order 1995 (NI 2);

  • “tenancy” includes a sub-tenancy and an agreement for a tenancy or sub-tenancy;

  • “tenant” includes a sub-tenant and any person deriving title under the original tenant or sub-tenant.

(2) Subject to paragraph (3) a tenancy is a long tenancy for the purposes of this Part if—

(a)it is a tenancy granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by a notice given by or to the tenant or by re-entry, forfeiture or otherwise; or

(b)it is a tenancy granted under an equity-sharing lease within the meaning of Article 31(6) of the Order of 1981.

(3) A tenancy is not a long tenancy for those purposes if it is an interest created by way of security and liable to termination by the exercise of a right of redemption or otherwise.

(4) In this Part references to a person being connected with the owner of a dwelling shall be construed in accordance with Article 31.

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