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F1Heading 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)
3.—[F2(1) 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.]
[F3(2) 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 in[F4 Article 3 of the Housing (Northern Ireland) Order 1992 which is not registered under Article 14 of that Order].]
[F5(2B) 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.
[F6(3A) 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.
F2Art. 3(1)(1A) substituted (1.4.2007) for art. 3(1) by Private Tenancies (Northern Ireland) Order 2006 (S.I. 2006/1459 (N.I. 10)), arts. 1(3), 56(2); S.R. 2006/428, art. 3(b)
F5Art. 3(2B) inserted (1.4.2007) by Private Tenancies (Northern Ireland) Order 2006 (S.I. 2006/1459 (N.I. 10)), arts. 1(3), 56(3); S.R. 2006/428, art. 3(b)
F6Art. 3(3A) inserted (1.4.2007) by Private Tenancies (Northern Ireland) Order 2006 (S.I. 2006/1459 (N.I. 10)), arts. 1(3), 56(4); S.R. 2006/428, art. 3(b)