http://www.legislation.gov.uk/nisi/1978/1050/contentsRent (Northern Ireland) Order 1978texttext/xmlenStatute Law Database2020-03-10Expert Participation2020-01-13Rent (Northern Ireland) Order 1978 PART IINTRODUCTORY1Title and commencement2InterpretationPART II PROTECTED AND STATUTORY TENANCIES 3Protected tenancies4Statutory tenants and tenancies5Application to new tenanciesArt. 6 rep. by 1989 NI 4 7Restricted and regulated tenancies8Restricted and regulated rent certificates9Conversion of restricted tenancies10Ancillary provisions as to applications under Articles 8 and 911Appeal to county court12Premises with a business usePART IIISECURITY OF TENURELimitations on recovery of possession of dwelling-houses let on protected tenancies or subject to statutory tenancies13Grounds for possession of certain dwelling-houses14Extended discretion of court in claims for possession of certain dwelling-housesProtected and statutory tenancies15Terms and conditions of statutory tenancies16Payments demanded by protected or statutory tenants as a condition of giving up possessionChanges of statutory tenants17Change of statutory tenant by agreement18No pecuniary consideration to be required on change of tenant under Article 17Miscellaneous19Determination of sub-tenancies20Compensation for misrepresentation or concealmentPART IVRENTS UNDER REGULATED TENANCIESRent limit under regulated tenancies21Limit of rent under regulated tenancies22Ancillary provisions as to notices of increaseEnforcement23Recovery from landlord of sums paid in excess of recoverable rent, etc.Interpretation24Interpretation of Part IVPART VREGISTRATION AND DETERMINATION OF RENTS25Register of rents25AAmounts attributable to services25BRemoval of tenancies from the register26Application for registration of rent27Applications to rent assessment committee28Rent assessment committees: constitution, etc.29Recoupment of rates, etc. from tenants30Effect of registration of rent31Application for determination of appropriate rent following change in condition of dwelling-houses, etc.32Applications for determination of future rent33Review of registered rents34Collection of information about certain tenancies35Offences under Part VPART VIRENTS UNDER RESTRICTED TENANCIES36Rents of restricted tenancies37Recovery from landlord of sums paid in excess of recoverable rent, etc.PART VIIRENT BOOKS AND RIGHTS AND REPAIRING OBLIGATIONS UNDER REGULATED TENANCIES38Rent books for private tenancies39Offences under Article 3840Provisions applied to regulated tenancies41Landlord's duties to repair, etc. under regulated tenancy42Care of premises by tenant under regulated tenancy43Landlord's obligations under regulated tenancy of parts of building44General qualifications on landlord's duties45Standard of repair and knowledge of disrepair46Certificates of disrepair47Appeals in relation to certificates of disrepair48Enforcement, etc. of certificates of disrepairPART VIIIPREMIUMS, ETC.49Prohibition of premiums and loans on renewal , etc. of protected tenancies50Prohibition of premiums and loans on assignment of protected tenancies51Excessive price for furniture to be treated as premium52Recovery of premiums and loans unlawfully required or received53Interpretation of Part VIIIPART IXPROTECTION AGAINST HARASSMENT AND EVICTION WITHOUT DUE PROCESS OF LAW54Unlawful eviction and harassment of occupier55Restriction on re-entry without due process of law56Prohibition of eviction without due process of law57Savings (Part IX)58Interpretation of Part IXPart X (Arts. 59‐61) rep. by 1983 NI 14 PART XIMISCELLANEOUS AND GENERAL62Length of notice to quit under tenancies of dwelling-houses63Inspection and entry of certain premises64Tenant sharing accommodation with persons other than landlord65Certain sub-lettings not to exclude any part of sub-lessor's premises from Order66Overholding67Adjustment for differences in lengths of rental periods68Appropriate district councils69County court jurisdiction70Prosecution of offences71Net annual value72Information73Service of notices on landlord's agents73AMethod of serving certain documents74Regulations75Application to Crown property76Prohibition of agreements excluding Order77Amendments, savings and repealsSCHEDULESSCHEDULE 1STATUTORY TENANTS BY SUCCESSION1Paragraph 2 . . . or, as the case may be, paragraph 4 shall have...2The surviving spouse , or surviving civil partner, (if any) of the original tenant, if...Para. 3 rep. by 1986 NI 13Para. 3 rep. by 1986 NI 134Where— (a) paragraph 2 . . . does not apply, but (b) a person who...5. . . . . . . . . . . . . . ....6. . . . . . . . . . . . . . ....7. . . . . . . . . . . . . . ....Para. 8 rep. by 1986 NI 13Para. 8 rep. by 1986 NI 139. . . . . . . . . . . . . . ....10. . . . . . . . . . . . . . ....11. . . . . . . . . . . . . . ....Schedule 2 rep. by 1989 NI 4Schedule 3 rep. by 1992 NI 15SCHEDULE 4GROUNDS FOR POSSESSION OF DWELLING-HOUSES LET ON OR SUBJECT TO PROTECTED OR STATUTORY TENANCIESPART ICASES IN WHICH COURT MAY ORDER POSSESSIONCase 1Where any rent lawfully due from the tenant has not been paid, or any obligation...Where any rent lawfully due from the tenant has not been paid, or any obligation...In paragraphs (a) and (b) above any reference to an obligation of a tenancy does...In paragraphs (a) and (b) above any reference to an obligation of a tenancy does...Case 2Where the tenant or any person residing or lodging with him or any sub-tenant of...Where the tenant or any person residing or lodging with him or any sub-tenant of...Case 3Where— (a) the condition of the dwelling-house has, in the opinion of the court, deteriorated...Where— (a) the condition of the dwelling-house has, in the opinion of the court, deteriorated...Case 4Where— (a) the condition of any furniture provided for use under the tenancy has, in...Where— (a) the condition of any furniture provided for use under the tenancy has, in...Case 5Where— (a) the tenant has given notice to quit, and (b) in consequence of that...Where— (a) the tenant has given notice to quit, and (b) in consequence of that...Case 6Where, without the consent of the landlord, the tenant has, at any time after the...Where, without the consent of the landlord, the tenant has, at any time after the...Case 7Where— (a) the dwelling-house is reasonably required by the landlord for occupation as a residence...Where— (a) the dwelling-house is reasonably required by the landlord for occupation as a residence...Case 8Where the dwelling-house is reasonably required by the landlord for occupation as a residence for—...Where the dwelling-house is reasonably required by the landlord for occupation as a residence for—...Case 9Where the court is satisfied that the rent charged by the tenant for any sub-let...Where the court is satisfied that the rent charged by the tenant for any sub-let...Case 10Where— (a) the dwelling-house is the sole or principal dwelling-house on any agricultural land used...Where— (a) the dwelling-house is the sole or principal dwelling-house on any agricultural land used...PART IICASES IN WHICH COURT MUST ORDER POSSESSIONCase 11(1) Where a person (in this Case referred to as “the owner-occupier”) who let the...(1) Where a person (in this Case referred to as “the owner-occupier”) who let the...Case 12Where the owner intends to occupy the dwelling-house as his residence at such time as...Where the owner intends to occupy the dwelling-house as his residence at such time as...Case 13Where— (a) the dwelling-house is held for the purpose of being available for occupation by...Where— (a) the dwelling-house is held for the purpose of being available for occupation by...Case 14Where the dwelling-house was at any time occupied by a person under the terms of...Where the dwelling-house was at any time occupied by a person under the terms of...Case 15Where proposals for amalgamation, approved for the purposes of a scheme under section 26 of...Where proposals for amalgamation, approved for the purposes of a scheme under section 26 of...Case 16(1) Where— (a) the last occupier of the dwelling-house before the date of the commencement...(1) Where— (a) the last occupier of the dwelling-house before the date of the commencement...Case 17Where the dwelling-house was let under a protected shorthold tenancy (or is treated under Article...Where the dwelling-house was let under a protected shorthold tenancy (or is treated under Article...Case 18Where the dwelling-house was let by a person (in this Case referred to as “the...Where the dwelling-house was let by a person (in this Case referred to as “the...For the purposes of this Case “regular armed forces of the Crown” has the same...For the purposes of this Case “regular armed forces of the Crown” has the same...PART IIIPROVISION APPLICABLE TO CASE 8A court shall not make an order for possession of a dwelling-house by reason only...A court shall not make an order for possession of a dwelling-house by reason only...PART IVSUITABLE ALTERNATIVE ACCOMMODATION1For the purposes of Article 13(1)( a ), a certificate of the Executive or of...2Where no such certificate as is mentioned in paragraph 1 is produced to the court,...3(1) For the purposes of paragraph 2, the relevant conditions are that the accommodation is...4Accommodation shall not be deemed to be suitable to the needs of the tenant and...5Any document purporting to be a certificate of the Executive or of a registered housing...Part VProvisions applying to Cases 11, 12 and 181In this Part of this Schedule—“mortgage” includes a charge;“mortgage” includes a charge;“owner” means, in relation to Case 11, the owner-occupier; and“owner” means, in relation to Case 11, the owner-occupier; and“successor in title” means any person deriving title from the owner, other than a purchaser...“successor in title” means any person deriving title from the owner, other than a purchaser...2The conditions referred to in paragraph (1)(c) of Case 11, in paragraph (c) of Case...SCHEDULE 5(1) The Department shall draw up and revise a panel of persons to act as...This div-1 has a number but no title; creating a P1group with an empty Title1The Department shall draw up and revise a panel of persons to act as chairmen...This div-1 has a number but no title; creating a P1group with an empty Title2The panel shall consist of a number of persons appointed by the Department, . ....This div-1 has a number but no title; creating a P1group with an empty Title3The Department shall nominate one person on the panel to act as rent officer and...This div-1 has a number but no title; creating a P1group with an empty Title4Subject to paragraphs 5 to 8, the number of rent assessment committees, the areas for...This div-1 has a number but no title; creating a P1group with an empty Title5Subject to paragraph 6, each rent assessment committee shall consist of a chairman and one...This div-1 has a number but no title; creating a P1group with an empty Title6The rent officer may, if he thinks fit, direct that when dealing with a case...This div-1 has a number but no title; creating a P1group with an empty Title7There shall be paid to members of the panel such remuneration and allowances as the...This div-1 has a number but no title; creating a P1group with an empty Title8The Department may make available to rent assessment committees such of its officers as it...SCHEDULE 6(1) (1) An application for the determination of an appropriate rent by a rent assessment...This div-1 has a number but no title; creating a P1group with an empty Title1(1) An application for the determination of an appropriate rent by a rent assessment committee...This div-1 has a number but no title; creating a P1group with an empty Title2(1) The rent assessment committee to which an application for the determination of an appropriate...This div-1 has a number but no title; creating a P1group with an empty Title3Where, within the period specified in paragraph 2(1)( b ), or such further period as...This div-1 has a number but no title; creating a P1group with an empty Title4(1) The committee shall make such inquiry (if any) as it thinks fit and consider...SCHEDULE 7(1) For the purposes of this Order, the amount of rates for any rental period...This div-1 has a number but no title; creating a P1group with an empty Title1For the purposes of this Order, the amount of rates for any rental period shall...This div-1 has a number but no title; creating a P1group with an empty Title2In this Schedule “the relevant rating period”, in relation to a rental period, means the...This div-1 has a number but no title; creating a P1group with an empty Title3The amount of the rates for any rental period which precedes the making by the...This div-1 has a number but no title; creating a P1group with an empty Title4(1) On the making by the Department . . . of its first such demand,...This div-1 has a number but no title; creating a P1group with an empty Title5If as a result of the alteration of the net annual value of a dwelling-house...This div-1 has a number but no title; creating a P1group with an empty Title6In computing the rates for any rental period for the purposes of this Schedule, any...Schedule 8—AmendmentsSCHEDULE 9SAVINGS1The repeal by this Order of the Rent Restriction Acts shall not affect the continued...2The repeal by this Order of section 3 of the Rent and Mortgage Interest (Restrictions)...3Where— (a) before the commencement of this Order, either— (i) a landlord has obtained an...4In this Schedule— “the Act of 1920” means the Increase of Rent and Mortgage Interest...Schedule 10—Repeals1978 No. 1050 (N.I. 20)Rent (Northern Ireland) Order 1978 F1[25th July 1978]Annotations:Amendments (Textual)F1functions transf. by SR 1999/481
functions transf. by SR 1999/481