The Housing (Northern Ireland) Order 1983

Entry to carry out works to certain premises N.I.

101.—(1) In Article 63 of the 1978 Order (which provides for the inspection, etc. of certain premises), after paragraph (2) there shall be inserted the following paragraphs—

“(2A) Subject to paragraphs (2B) and (2C), where—

(a) the landlord under a restricted tenancy wishes to carry out such works as are specified in a statement issued by a district council under paragraph (2) of Article 9 (works necessary to enable dwelling-house to meet the regulated tenancy standards); and

(b) the works cannot be carried out without the consent of the tenant, but the tenant is unwilling to give his consent;

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

(2B) An order under paragraph (2A) may be made subject to such 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.

(2C) In determining whether to make such an order and, if it is made, what (if any) conditions it should be subject to, the court shall have regard to all the circumstances and in particular to—

(a) any disadvantage to the tenant that might expected to result from the works;

(b) the accommodation that might be available for him whilst the works are carried out; and

(c) the age and health of the tenant;

but the court shall not take into account the means and resources of the tenant.” .

(2) In Article 69(1) of the 1978 Order, after sub-paragraph (c) insert the following sub-paragraph—

“(d) as to whether a landlord should be empowered to enter a dwelling-house under Article 63 (2A).” .