Rent (Northern Ireland) Order 1978

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II PROTECTED AND STATUTORY TENANCIES

   1. 3. Protected tenancies

   2. 4. Statutory tenants and tenancies

   3. 5. Application to new tenancies

   4. Art. 6 rep. by 1989 NI 4

   5. 7. Restricted and regulated tenancies

   6. 8. Restricted and regulated rent certificates

   7. 9. Conversion of restricted tenancies

   8. 10. Ancillary provisions as to applications under Articles 8 and 9

   9. 11. Appeal to county court

   10. 12. Premises with a business use

4. PART III SECURITY OF TENURE

   1. Limitations on recovery of possession of dwelling-houses let on protected tenancies or subject to statutory tenancies

      1. 13. Grounds for possession of certain dwelling-houses

      2. 14. Extended discretion of court in claims for possession of certain dwelling-houses

   2. Protected and statutory tenancies

      1. 15. Terms and conditions of statutory tenancies

      2. 16. Payments demanded by protected or statutory tenants as a condition of giving up possession

   3. Changes of statutory tenants

      1. 17. Change of statutory tenant by agreement

      2. 18. No pecuniary consideration to be required on change of tenant under Article 17

   4. Miscellaneous

      1. 19. Determination of sub-tenancies

      2. 20. Compensation for misrepresentation or concealment

5. PART IV RENTS UNDER REGULATED TENANCIES

   1. Rent limit under regulated tenancies

      1. 21. Limit of rent under regulated tenancies

      2. 22. Ancillary provisions as to notices of increase

   2. Enforcement

      1. 23. Recovery from landlord of sums paid in excess of recoverable rent, etc.

   3. Interpretation

      1. 24. Interpretation of Part IV

6. PART V REGISTRATION AND DETERMINATION OF RENTS

   1. 25. Register of rents

   2. 25A. Amounts attributable to services

   3. 25B. Removal of tenancies from the register

   4. 26. Application for registration of rent

   5. 27. Applications to rent assessment committee

   6. 28. Rent assessment committees: constitution, etc.

   7. 29. Recoupment of rates, etc. from tenants

   8. 30. Effect of registration of rent

   9. 31. Application for determination of appropriate rent following change in condition of dwelling-houses, etc.

   10. 32. Applications for determination of future rent

   11. 33. Review of registered rents

   12. 34. Collection of information about certain tenancies

   13. 35. Offences under Part V

7. PART VI RENTS UNDER RESTRICTED TENANCIES

   1. 36. Rents of restricted tenancies

   2. 37. Recovery from landlord of sums paid in excess of recoverable rent, etc.

8. PART VII RENT BOOKS AND RIGHTS AND REPAIRING OBLIGATIONS UNDER REGULATED TENANCIES

   1. 38. Rent books for private tenancies

   2. 39. Offences under Article 38

   3. 40. Provisions applied to regulated tenancies

   4. 41. Landlord's duties to repair, etc. under regulated tenancy

   5. 42. Care of premises by tenant under regulated tenancy

   6. 43. Landlord's obligations under regulated tenancy of parts of building

   7. 44. General qualifications on landlord's duties

   8. 45. Standard of repair and knowledge of disrepair

   9. 46. Certificates of disrepair

   10. 47. Appeals in relation to certificates of disrepair

   11. 48. Enforcement, etc. of certificates of disrepair

9. PART VIII PREMIUMS, ETC.

   1. 49. Prohibition of premiums and loans on renewal , etc. of protected tenancies

   2. 50. Prohibition of premiums and loans on assignment of protected tenancies

   3. 51. Excessive price for furniture to be treated as premium

   4. 52. Recovery of premiums and loans unlawfully required or received

   5. 53. Interpretation of Part VIII

10. PART IX PROTECTION AGAINST HARASSMENT AND EVICTION WITHOUT DUE PROCESS OF LAW

    1. 54. Unlawful eviction and harassment of occupier

    2. 55. Restriction on re-entry without due process of law

    3. 56. Prohibition of eviction without due process of law

    4. 57. Savings (Part IX)

    5. 58. Interpretation of Part IX

11. Part X (Arts. 59‐61) rep. by 1983 NI 14

12. PART XI MISCELLANEOUS AND GENERAL

    1. 62. Length of notice to quit under tenancies of dwelling-houses

    2. 63. Inspection and entry of certain premises

    3. 64. Tenant sharing accommodation with persons other than landlord

    4. 65. Certain sub-lettings not to exclude any part of sub-lessor's premises from Order

    5. 66. Overholding

    6. 67. Adjustment for differences in lengths of rental periods

    7. 68. Appropriate district councils

    8. 69. County court jurisdiction

    9. 70. Prosecution of offences

    10. 71. Net annual value

    11. 72. Information

    12. 73. Service of notices on landlord's agents

    13. 73A. Method of serving certain documents

    14. 74. Regulations

    15. 75. Application to Crown property

    16. 76. Prohibition of agreements excluding Order

    17. 77. Amendments, savings and repeals

13. SCHEDULES

    1. SCHEDULE 1

       STATUTORY TENANTS BY SUCCESSION

       1. 1. Paragraph 2 . . . or, as the case may be, paragraph 4 shall have...

       2. 2. The surviving spouse , or surviving civil partner, (if any) of the original tenant, if...

       3. Para. 3 rep. by 1986 NI 13

       4. Para. 3 rep. by 1986 NI 13

       5. 4. Where— (a) paragraph 2 . . . does not apply, but (b) a person who...

       6. 5. . . . . . . . . . . . . . . ....

       7. 6. . . . . . . . . . . . . . . ....

       8. 7. . . . . . . . . . . . . . . ....

       9. Para. 8 rep. by 1986 NI 13

       10. Para. 8 rep. by 1986 NI 13

       11. 9. . . . . . . . . . . . . . . ....

       12. 10. . . . . . . . . . . . . . . ....

       13. 11. . . . . . . . . . . . . . . ....

    2. Schedule 2 rep. by 1989 NI 4

    3. Schedule 3 rep. by 1992 NI 15

    4. SCHEDULE 4

       GROUNDS FOR POSSESSION OF DWELLING-HOUSES LET ON OR SUBJECT TO PROTECTED OR STATUTORY TENANCIES

       1. PART I CASES IN WHICH COURT MAY ORDER POSSESSION

          1. Case 1

             1. Where any rent lawfully due from the tenant has not been paid, or any obligation...

             2. Where any rent lawfully due from the tenant has not been paid, or any obligation...

             3. In paragraphs (a) and (b) above any reference to an obligation of a tenancy does...

             4. In paragraphs (a) and (b) above any reference to an obligation of a tenancy does...

          2. Case 2

             1. Where the tenant or any person residing or lodging with him or any sub-tenant of...

             2. Where the tenant or any person residing or lodging with him or any sub-tenant of...

          3. Case 3

             1. Where— (a) the condition of the dwelling-house has, in the opinion of the court, deteriorated...

             2. Where— (a) the condition of the dwelling-house has, in the opinion of the court, deteriorated...

          4. Case 4

             1. Where— (a) the condition of any furniture provided for use under the tenancy has, in...

             2. Where— (a) the condition of any furniture provided for use under the tenancy has, in...

          5. Case 5

             1. Where— (a) the tenant has given notice to quit, and (b) in consequence of that...

             2. Where— (a) the tenant has given notice to quit, and (b) in consequence of that...

          6. Case 6

             1. Where, without the consent of the landlord, the tenant has, at any time after the...

             2. Where, without the consent of the landlord, the tenant has, at any time after the...

          7. Case 7

             1. Where— (a) the dwelling-house is reasonably required by the landlord for occupation as a residence...

             2. Where— (a) the dwelling-house is reasonably required by the landlord for occupation as a residence...

          8. Case 8

             1. Where the dwelling-house is reasonably required by the landlord for occupation as a residence for—...

             2. Where the dwelling-house is reasonably required by the landlord for occupation as a residence for—...

          9. Case 9

             1. Where the court is satisfied that the rent charged by the tenant for any sub-let...

             2. Where the court is satisfied that the rent charged by the tenant for any sub-let...

          10. Case 10

              1. Where— (a) the dwelling-house is the sole or principal dwelling-house on any agricultural land used...

              2. Where— (a) the dwelling-house is the sole or principal dwelling-house on any agricultural land used...

       2. PART II CASES IN WHICH COURT MUST ORDER POSSESSION

          1. Case 11

             1. (1) Where a person (in this Case referred to as “the owner-occupier”) who let the...

             2. (1) Where a person (in this Case referred to as “the owner-occupier”) who let the...

          2. Case 12

             1. Where the owner intends to occupy the dwelling-house as his residence at such time as...

             2. Where the owner intends to occupy the dwelling-house as his residence at such time as...

          3. Case 13

             1. Where— (a) the dwelling-house is held for the purpose of being available for occupation by...

             2. Where— (a) the dwelling-house is held for the purpose of being available for occupation by...

          4. Case 14

             1. Where the dwelling-house was at any time occupied by a person under the terms of...

             2. Where the dwelling-house was at any time occupied by a person under the terms of...

          5. Case 15

             1. Where proposals for amalgamation, approved for the purposes of a scheme under section 26 of...

             2. Where proposals for amalgamation, approved for the purposes of a scheme under section 26 of...

          6. Case 16

             1. (1) Where— (a) the last occupier of the dwelling-house before the date of the commencement...

             2. (1) Where— (a) the last occupier of the dwelling-house before the date of the commencement...

          7. Case 17

             1. Where the dwelling-house was let under a protected shorthold tenancy (or is treated under Article...

             2. Where the dwelling-house was let under a protected shorthold tenancy (or is treated under Article...

          8. Case 18

             1. Where the dwelling-house was let by a person (in this Case referred to as “the...

             2. Where the dwelling-house was let by a person (in this Case referred to as “the...

             3. For the purposes of this Case “regular armed forces of the Crown” has the same...

             4. For the purposes of this Case “regular armed forces of the Crown” has the same...

       3. PART III PROVISION APPLICABLE TO CASE 8

          1. A court shall not make an order for possession of a dwelling-house by reason only...

          2. A court shall not make an order for possession of a dwelling-house by reason only...

       4. PART IV SUITABLE ALTERNATIVE ACCOMMODATION

          1. 1. For the purposes of Article 13(1)( a ), a certificate of the Executive or of...

          2. 2. Where no such certificate as is mentioned in paragraph 1 is produced to the court,...

          3. 3. (1) For the purposes of paragraph 2, the relevant conditions are that the accommodation is...

          4. 4. Accommodation shall not be deemed to be suitable to the needs of the tenant and...

          5. 5. Any document purporting to be a certificate of the Executive or of a registered housing...

       5. Part V Provisions applying to Cases 11, 12 and 18

          1. 1. In this Part of this Schedule—

          2. “mortgage” includes a charge;

          3. “mortgage” includes a charge;

          4. “owner” means, in relation to Case 11, the owner-occupier; and

          5. “owner” means, in relation to Case 11, the owner-occupier; and

          6. “successor in title” means any person deriving title from the owner, other than a purchaser...

          7. “successor in title” means any person deriving title from the owner, other than a purchaser...

          8. 2. The conditions referred to in paragraph (1)(c) of Case 11, in paragraph (c) of Case...

    5. SCHEDULE 5

       (1) The Department shall draw up and revise a panel of persons to act as...

       1. This div-1 has a number but no title; creating a P1group with an empty Title

       2. 1. The Department shall draw up and revise a panel of persons to act as chairmen...

       3. This div-1 has a number but no title; creating a P1group with an empty Title

       4. 2. The panel shall consist of a number of persons appointed by the Department, . ....

       5. This div-1 has a number but no title; creating a P1group with an empty Title

       6. 3. The Department shall nominate one person on the panel to act as rent officer and...

       7. This div-1 has a number but no title; creating a P1group with an empty Title

       8. 4. Subject to paragraphs 5 to 8, the number of rent assessment committees, the areas for...

       9. This div-1 has a number but no title; creating a P1group with an empty Title

       10. 5. Subject to paragraph 6, each rent assessment committee shall consist of a chairman and one...

       11. This div-1 has a number but no title; creating a P1group with an empty Title

       12. 6. The rent officer may, if he thinks fit, direct that when dealing with a case...

       13. This div-1 has a number but no title; creating a P1group with an empty Title

       14. 7. There shall be paid to members of the panel such remuneration and allowances as the...

       15. This div-1 has a number but no title; creating a P1group with an empty Title

       16. 8. The Department may make available to rent assessment committees such of its officers as it...

    6. SCHEDULE 6

       (1) (1) An application for the determination of an appropriate rent by a rent assessment...

       1. This div-1 has a number but no title; creating a P1group with an empty Title

       2. 1. (1) An application for the determination of an appropriate rent by a rent assessment committee...

       3. This div-1 has a number but no title; creating a P1group with an empty Title

       4. 2. (1) The rent assessment committee to which an application for the determination of an appropriate...

       5. This div-1 has a number but no title; creating a P1group with an empty Title

       6. 3. Where, within the period specified in paragraph 2(1)( b ), or such further period as...

       7. This div-1 has a number but no title; creating a P1group with an empty Title

       8. 4. (1) The committee shall make such inquiry (if any) as it thinks fit and consider...

    7. SCHEDULE 7

       (1) For the purposes of this Order, the amount of rates for any rental period...

       1. This div-1 has a number but no title; creating a P1group with an empty Title

       2. 1. For the purposes of this Order, the amount of rates for any rental period shall...

       3. This div-1 has a number but no title; creating a P1group with an empty Title

       4. 2. In this Schedule “the relevant rating period”, in relation to a rental period, means the...

       5. This div-1 has a number but no title; creating a P1group with an empty Title

       6. 3. The amount of the rates for any rental period which precedes the making by the...

       7. This div-1 has a number but no title; creating a P1group with an empty Title

       8. 4. (1) On the making by the Department . . . of its first such demand,...

       9. This div-1 has a number but no title; creating a P1group with an empty Title

       10. 5. If as a result of the alteration of the net annual value of a dwelling-house...

       11. This div-1 has a number but no title; creating a P1group with an empty Title

       12. 6. In computing the rates for any rental period for the purposes of this Schedule, any...

    8. Schedule 8—Amendments

    9. SCHEDULE 9

       SAVINGS

       1. 1. The repeal by this Order of the Rent Restriction Acts shall not affect the continued...

       2. 2. The repeal by this Order of section 3 of the Rent and Mortgage Interest (Restrictions)...

       3. 3. Where— (a) before the commencement of this Order, either— (i) a landlord has obtained an...

       4. 4. In this Schedule— “the Act of 1920” means the Increase of Rent and Mortgage Interest...

    10. Schedule 10—Repeals