Rent (Northern Ireland) Order 1978

PART IV N.I. RENTS UNDER REGULATED TENANCIES

Rent limit under regulated tenancies N.I.

Limit of rent under regulated tenancies N.I.

21.—(1) The rent recoverable for any rental period of a regulated tenancy of a dwelling-house is limited to the greater of the following, namely—

(a) the rent registered under Part V for the dwelling-house;

(b) if the tenancy exists on the commencement of this Order, the rent payable under the tenancy immediately before that commencement.

(2) Subject to Article 27(5)( b), where a rent for a dwelling-house is registered under Part V, if the rent payable for any statutory period of a regulated tenancy of the dwelling-house would be less than the rent so registered, it may be increased up to the amount of that rent by a notice of increase served by the landlord on the tenant and specifying the date from which the increase is to take effect.

(3) Where a limit is imposed by paragraph (1) on the rent recoverable in relation to a regulated tenancy, the amount by which the rent payable under the tenancy exceeds that limit shall, notwithstanding anything in any agreement, be irrecoverable from the tenant.

Ancillary provisions as to notices of increase N.I.

22.—(1) Any reference in this Article to a notice of increase is a reference to a notice of increase under Article 21(2).

(2) A notice of increase must be in the prescribed form.

(3) The date specified in a notice of increase shall not be earlier than—

(a) the date on which the registered rent to which it relates takes effect; nor

(b) four weeks after the service of the notice.

(4) Where the registered rent for a dwelling-house is increased by virtue of an order made under Article 33, any notice of increase of that rent which gives effect to that increase shall not take effect earlier than four weeks after the commencement of that order.

(5) Neither a notice of increase nor Article 21 shall operate to increase the rent under a regulated tenancy for any contractual period, except in so far as may be consistent with the terms of the tenancy.

(6) Notwithstanding that a notice of increase relates to statutory periods it may be served during a contractual period.

(7) Where—

(a) a notice of increase is served during a contractual period of a protected tenancy; and

(b) the protected tenancy could, by a notice to quit served by the landlord at the same time, be brought to an end before the date specified in the notice of increase.

the notice of increase shall operate to convert the protected tenancy into a statutory tenancy on that date.

(8) If the county court is satisfied that any error or omission in a notice of increase is due to a bona fide mistake on the part of the landlord—

(a) the court may by order amend the notice by correcting any errors or supplying any omission therein which, if not corrected or supplied, would render the notice invalid; and

(b) if the court so directs, the notice as so amended shall have effect and be deemed to have had effect as a valid notice.

(9) Any amendment of a notice of increase under paragraph (8) may be made on such terms and conditions with respect to arrears of rent or otherwise as appear to the court to be just and reasonable.

(10) No increase of rent which becomes payable by reason of an amendment of a notice of increase under paragraph (8) shall be recoverable in respect of any statutory period which ended more than six months before the date of the order making the amendment.

Enforcement N.I.

Recovery from landlord of sums paid in excess of recoverable rent, etc. N.I.

23.—(1) Where a tenant has paid on account of rent any amount which, by virtue of this Part, is irrecoverable by the landlord, then, subject to paragraph (3), the tenant who paid it shall be entitled to recover that amount from the landlord who received it or his personal representatives.

(2) Subject to paragraph (3), any amount which a tenant is entitled to recover under paragraph (1) may, without prejudice to any other method of recovery, be deducted by the tenant from any rent payable by him to the landlord.

(3) No amount which a tenant is entitled to recover under paragraph (1) shall be recoverable at any time after the expiry of two years from the date of payment.

(4) Any person who, in any rent book or similar document, makes an entry showing or purporting to show any tenant as being in arrears in respect of any sum on account of rent which is irrecoverable by virtue of this Part shall be guilty of an offence and liable to[F1 a fine not exceeding £500], unless he proves that, at the time of the making of the entry, the landlord had a bona fide claim that the sum was recoverable.

(5) If, where any such entry has been made by or on behalf of any landlord, the landlord on being requested by or on behalf of the tenant to do so, refuses or neglects to cause the entry to be deleted within seven days, the landlord shall be guilty of an offence and liable to[F1 a fine not exceeding £500], unless he proves that, at the time of the neglect or refusal to cause the entry to be deleted, he had a bona fide claim that the sum was recoverable.

F1 1983 NI 15

Interpretation N.I.

Interpretation of Part IV N.I.

24.  In this Part—

• “contractual period” means a rental period of a regulated tenancy which is a period beginning before the expiry or termination of the protected tenancy;

• “registered” means registered under Part V;

• “statutory period” means any rental period of a regulated tenancy which is not a contractual period.