Rent (Northern Ireland) Order 1978

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

37.—(1) Where a tenant has paid on account of rent any amount which, by virtue of Article 36, 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 Article 36 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 wilfully 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