Rent (Northern Ireland) Order 1978

Application to new tenancies N.I.

5.—(1) Where—

(a) a protected tenancy or a statutory tenancy of a dwelling-house is terminated; and

(b) after the termination of the tenancy referred to in sub-paragraph ( a)—

(i) the dwelling-house is let on a further tenancy, or

(ii) a tenancy begins which comprises accommodation which is substantially the same as the accommodation comprised in the tenancy referred to in sub-paragraph ( a),

the tenancy mentioned in sub-paragraph ( b)(i) or first mentioned in sub-paragraph ( b)(ii) shall, subject to paragraph (2), be a protected tenancy.

(2) A tenancy is not a protected tenancy by virtue of paragraph (1) if, immediately before the commencement of that tenancy, the net annual value of the dwelling-house in which the tenancy subsists is more than £140.

(3) Subject to paragraph (6), a tenancy is not a protected tenancy by virtue of paragraph (1) if under the tenancy the dwelling-house is bona fide let at a rent which includes payments in respect of board, attendance or the use of furniture.

(4) For the purposes of paragraph (3), a dwelling-house is not to be taken as let at a rent which includes payments in respect of attendance unless the amount of the rent which is fairly attributable to attendance, having regard to the value of the attendance to the tenant, forms a substantial part of the whole rent.

(5) For the purposes of paragraph (3), a dwelling-house shall not be deemed to be bona fide let at a rent which includes payments in respect of the use of furniture unless the house is let with all such furniture (other than plate, cutlery, linen and cooking utensils) as is reasonably required having regard to the character of the house, for its occupation as a furnished house.

(6) Paragraph (3) does not apply where, immediately before the tenancy in question comes into operation—

(a) a restricted rent certificate has effect in relation to the dwelling-house in which the tenancy subsists; or

(b) a notice served (whether before or after the commencement of this Order) by a district council under section 110 of the Public Health (Ireland) Act 1878 [1878 c.52] or by the Executive under [F1 Article 41 of the Housing (Northern Ireland) Order 1981] has not been complied with within the period specified in the notice.

(7) A tenancy is not a protected tenancy by virtue of paragraph (1) at any time when the estate of the landlord under the tenancy belongs to—

(a) the Crown (whether in right of Her Majesty's Government in the United Kingdom or in Northern Ireland);

(b) a government department;

(c) the Executive;

(d) a registered housing association;

[F1 (e) an unregistered housing association, within the meaning of paragraph (2A) of Article 3, if paragraph (2) of that Article does not apply to the dwelling-house;]

(f) a society[F1 other than a housing association] registered under the Industrial and Provident Societies Act (Northern Ireland) 1969 [1969 c.24] or any Act for the time being in force in Great Britain for purposes similar to those of that Act;

or is held in trust for Her Majesty for the purposes of a government department.

(8) A tenancy is not a protected tenancy by virtue of paragraph (1) if the dwelling-house let under the tenancy consists only of separate and self-contained premises produced by conversion, after the commencement of this Order, of other premises with or without the addition of premises erected after that commencement.

(9) For the purposes of paragraph (8), premises are to be treated as converted after the commencement of this Order if the conversion was completed then, notwithstanding that it began before that commencement.

F1 1983 NI 15