The Housing (Northern Ireland) Order 1992

Meaning of “multiple occupation” N.I.

75.— [F1 (1) In this Part “house in multiple occupation” means a house occupied by more than 2 qualifying persons, being persons who are not all members of the same family [F2 and for that purpose “family” includes uncle, aunt, nephew and niece.]

(1A) In paragraph (1) “qualifying persons” means persons whose only or principal residence is the house in multiple occupation, and for that purpose a person undertaking a full time course of further or higher education who resides during term time in a house shall, during the period of that person's residence, be regarded as residing there as his only or principal residence.]

(2) For the purposes of this Article “house”, in the expression “house in multiple occupation”, includes any part of a building which—

(a) apart from this paragraph would not be regarded as a house; and

(b) was originally constructed or subsequently adapted for occupation by a single household;

and any reference in this Part to a flat in multiple occupation is a reference to a part of a building which, whether by virtue of this paragraph or without regard to it, constitutes a house in multiple occupation.

[F3 (3) Where—

(a) a house is occupied by more than 2 qualifying persons, and

(b) the Executive reasonably believes that those persons are not all members of the same family,

the Executive may serve a notice under this paragraph complying with paragraphs (4) and (5).

(4) The notice may be served on—

(a) the person having control of the house;

(b) the person managing the house; or

(c) the owner of the house.

(5) The notice shall—

(a) state the Executive's belief referred to in paragraph (3)(b) and the grounds for that belief,

(b) inform the person on whom the notice is served that he may, within 56 days of the date of service of the notice or such longer period as the Executive may in any case determine, provide the Executive with evidence that all the qualifying persons occupying the house are members of the same family, and

(c) inform the person of the effect of paragraphs (6) to (8).

(6) Paragraph (7) applies if—

(a) the Executive serves a notice under paragraph (3) in respect of a house; and

(b) either—

(i) no evidence is provided to the Executive as mentioned in paragraph (5)(b), or

(ii) any evidence so provided is in the opinion of the Executive insufficient to cause the Executive to change its belief.

(7) Subject to paragraph (8), as from the expiry of the period mentioned in paragraph (5)(b) the house is to be treated as a house in multiple occupation for the purposes of this Part.

(8) Paragraph (7) does not apply or (as the case may be) ceases to apply if—

(a) the Executive ceases (for whatever reason) to hold the belief mentioned in paragraph (3)(b); or

(b) a court determines that the house is not a house in multiple occupation.]

F1 2003 NI 2

F2 Words in art. 75(1) added (31.7.2010) by Housing (Amendment) Act (Northern Ireland) 2010 (c. 9), ss. 14, 19(1); S.R. 2010/251, art. 2

F3 Art. 75(3)-(8) inserted (30.6.2011) by Housing (Amendment) Act (Northern Ireland) 2011 (c. 22), ss. 10, 25(1); S.R. 2011/241, art. 2(1), Sch. 1