The Housing (Northern Ireland) Order 1983

Grounds and orders for possession N.I.

29.—(1) The court shall not make an order for the possession of a dwelling-house let under a secure tenancy except on one or more of the grounds set out in Part I of Schedule 3F1 . . . .

(2) The court shall not make the order—

(a) on any of grounds 1 to 6, unless the condition in paragraph (3)(a) is satisfied;

(b) on ground 7, unless the condition in paragraph (3)(b) is satisfied; and

(c) on any of grounds 8 to 11, unless both those conditions are satisfied.

(3) The conditions are—

(a) that the court considers it reasonable to make the order; and

(b) that the court is satisfied that suitable accommodation will be available for the tenant when the order takes effect.

[F2 (3ZA) The matters to be taken into account by the court in determining whether it is reasonable to make an order on ground 2(a) shall include—

(a) the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;

(b) any continuing effect the nuisance or annoyance is likely to have on such persons;

(c) the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated;

(d) the circumstances of the tenant and the likely effect of a possession order on the tenant and any person residing with the tenant.]

[F3 (3A) The matters to be taken into account by the court in determining whether it is reasonable to make an order on ground 11 shall include—

(a) the age of the tenant;

(b) the period during which the tenant has occupied the dwelling‐house as his only or principal home; and

(c) any financial or other support given by the tenant to the previous tenant.]

[F1 (3B) Where a notice under Article 28 has been served on the tenant, the court shall not make such an order on any of the grounds set out in Part I of Schedule 3 unless the ground is specified in the notice; but the grounds so specified may be altered or added to with the leave of the court.

(3C) Where a date is specified in a notice under Article 28 in accordance with paragraph (3) of that Article, the court shall not make an order which requires the tenant to give up possession of the dwelling-house in question before the date so specified.]

(4) Part II of Schedule 3 has effect for determining whether suitable accommodation will be available for a tenant.

F1 2003 NI 2

F2 Art. 29(3ZA) inserted (30.6.2011) by Housing (Amendment) Act (Northern Ireland) 2011 (c. 22), ss. 14, 25(1); S.R. 2011/241, art. 2(1), Sch. 1

F3 1986 NI 13