Rent (Northern Ireland) Order 1978

PART II N.I. PROTECTED, STATUTORY, RESTRICTED AND REGULATED TENANCIES

Protected tenancies N.I.

3.—(1) A tenancy under which a dwelling-house (which may be a house or part of a house) to which the Rent Restriction Acts applied immediately before the commencement of this Order or to which paragraph (2) applies is,F1 . . . , let as a separate dwelling is a protected tenancy for the purposes of this Order and, subject to Article 5, any reference to a protected tenant shall be construed accordingly.

[F1 (2) This paragraph applies to a dwelling-house let by an unregistered housing association if, immediately before the commencement of Part V of the Housing (Northern Ireland) Order 1983, this Order applied to such a dwelling-house, or would have so applied if the landlord had not been an unregistered housing association.

(2A) In paragraph (2) “unregistered housing association” means a housing association, as defined in[F2 Article 3 of the Housing (Northern Ireland) Order 1992 which is not registered under Article 14 of that Order].]

(3) If any question arises in any proceedings whether the Rent Restriction Acts applied to a dwelling-house immediately before the commencement of this Order, it shall be deemed to be a dwelling-house to which those Acts applied unless the contrary is shown.

(4) In this Order “protected tenancy” does not include a fee farm grant or a tenancy granted for a term certain exceeding ninety-nine years, unless that tenancy is, or may become, terminable before the end of that term by notice given to the tenant.

F1 1983 NI 15

F2 1992 NI 15

Statutory tenants and tenancies N.I.

4.—(1) After the termination of a protected tenancy of a dwelling-house the person who, immediately before that termination, was the protected tenant of the dwelling-house shall, if and so long as he occupies the dwelling-house as his residence, be the statutory tenant of it.

(2) Schedule 1 shall have effect for determining what person (if any) is the statutory tenant of a dwelling-house at any time after the death of a person who, immediately before his death, was either a protected tenant of the dwelling-house or the statutory tenant of it by virtue of paragraph (1) or (5).

(3) In paragraph (1) and in Schedule 1, the phrase “if and so long as he occupies the dwelling-house as his residence” shall be construed as requiring the fulfilment of the same, and only the same, qualifications (whether as to residence or otherwise) as had to be fulfilled before the commencement of this Order to entitle a tenant, within the meaning of the Rent Restriction Acts, to retain possession, by virtue of those Acts and not by virtue of a tenancy, of a dwelling-house to which those Acts applied.

(4) A person who becomes a statutory tenant of a dwelling-house as mentioned in paragraph (1) is, in this Order, referred to as a statutory tenant by virtue of his previous protected tenancy, and a person who becomes a statutory tenant as mentioned in paragraph (2) is, in this Order, referred to as a statutory tenant by succession.

(5) In this Order—

(a) any reference to a statutory tenant by virtue of his previous protected tenancy shall be deemed to include a reference to a person—

(i) who has been the tenant under a tenancy of a dwelling-house to which the Rent Restriction Acts applied immediately before the commencement of this Order; and

(ii) who has retained possession of that dwelling-house by virtue of those Acts and is in possession of that dwelling-house immediately before that commencement;

(b) any reference to a statutory tenant by succession shall be deemed to include a reference to a tenant of a dwelling-house to which the Rent Restriction Acts applied immediately before the commencement of this Order whose right to retain possession of that dwelling-house by virtue of the Acts arose on the death of either—

(i) a person who had been the tenant under a tenancy of the dwelling-house and had retained possession of that dwelling-house by virtue of the Rent Restriction Acts; or

(ii) a person who became the tenant of the dwelling-house after the death of such a person as is mentioned in head (i),

and “statutory tenant” shall be construed accordingly.

(6) In this Order a dwelling-house is referred to as subject to a statutory tenancy when there is a statutory tenant of it.

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 [F3 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;

[F3 (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[F3 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.

F3 1983 NI 15

Art. 6 rep. by 1989 NI 4

Restricted and regulated tenancies N.I.

7.—(1) A protected tenancy or a statutory tenancy of a dwelling-house is for the purposes of this Order a “restricted tenancy” if a restricted rent certificate served, or deemed to have been served, by a district council under Article 8 has effect in respect of the dwelling-house.

(2) Where, immediately before the commencement of this Order—

(a) a tenancy to which the Rent Restriction Acts applied subsisted in a dwelling-house to which those Acts applied; and

(b) the net annual value of the dwelling-house is less than £60,

a restricted rent certificate shall, subject to Article 9(3), be deemed to have been served under Article 8 on that commencement on the landlord of that dwelling-house in respect of the dwelling-house.

(3) For the purposes of this Order, a “regulated tenancy” is a protected or statutory tenancy which is not (either because it never was or because it has ceased to be) a restricted tenancy.

[F4 (4) A protected or statutory tenancy to which Article 3(2) applies shall be deemed to be a regulated tenancy for the purposes of this Order.]

F4 1983 NI 15

Restricted and regulated rent certificates N.I.

8.—(1) A district council shall, if an application in that behalf is made to it within one year after the commencement of this Order by the landlord or tenant of a dwelling-house let on a regulated tenancy, cause the dwelling-house to be inspected with a view to ascertaining whether it meets the regulated tenancy standards.

(2) Where, on an application under paragraph (1), a district council is satisfied that a dwelling-house—

(a) does not meet the regulated tenancy standards, the council shall issue and serve on the landlord of the dwelling-house a certificate to that effect (in this Order referred to as a “restricted rent certificate”);

(b) meets those standards, the council shall issue and serve on the landlord of the dwelling-house a certificate to that effect (in this Order referred to as a “regulated rent certificate”).

(3) A restricted rent certificate—

(a) shall, if no appeal is brought to the county court within the first period specified in Article 11(1), be deemed to have taken effect on the date on which it was issued;

(b) if such an appeal is brought, shall, if it is confirmed by the county court, be deemed to have taken effect on that date.

(4) The powers conferred on a district council by this Article shall not prejudice or affect its powers under section 110 of the Public Health (Ireland) Act 1878 [1878 c.52] .

(5) A notice served, whether before or within one year after the commencement of this Order, by a district council under the said section 110 or by the Executive under[F5 Article 41 of the Housing (Northern Ireland) Order 1981] in respect of any house which is or includes such a dwelling-house as is mentioned in paragraph (1) shall if the notice is not, or was not, complied with within the period specified in the certificate be deemed, for the purposes of this Order, to be a restricted rent certificate served under this Article.

(6) Any notice served, which by virtue of paragraph (5) is deemed to be a restricted rent certificate, against which an appeal is made under any statutory provision—

(a) shall not have effect for the purposes of this Order until after the appeal has been finally determined, and

(b) shall have effect then only if it is confirmed.

[F6 (7) A dwelling-house satisfies the regulated tenancy standards if it is fit for human habitation.

(7A) Article 46 of the Housing (Northern Ireland) Order 1981 (standard of fitness for human habitation) shall apply for the purposes of paragraph (7) as if for any reference in that Article to the Executive there were substituted a reference to a district council.]

[F5 (8) In the application of this Article to a protected or statutory tenancy which, by virtue of Article 7 (4), is deemed to be a regulated tenancy for the purposes of this Order, paragraph (1) shall have effect as if for the reference to the commencement of this Order there were substituted a reference to the commencement of the Housing (Northern Ireland) Order 1983.

(9) Where a restricted rent certificate takes effect in relation to a dwelling-house, the tenancy of which is deemed, by virtue of Article 7 (4) to be a regulated tenancy—

(a) the tenancy shall no longer be deemed to be regulated tenancy and shall become a restricted tenancy; and

(b) the rent recoverable for any rental period from the tenant under the restricted tenancy shall, notwithstanding anything in any agreement, not exceed the rent which was recoverable for the last such period immediately before the commencement of the Housing (Northern Ireland) Order 1983.]

F5 1983 NI 15

F6 1992 NI 15

Conversion of restricted tenancies N.I.

9.—(1) A district council shall, if an application is made to it in that behalf at any time by the landlord [F7 of a dwelling-house—]

[F7 (a) which at the date of the application is let under a restricted tenancy, or

(b) which is not let at that date but was so let before it,]

[F7 cause the dwelling-house] to be inspected with a view to ascertaining whether it meets the regulated tenancy standards.

(2) Where, on such an application, a district council is satisfied that the dwelling-house meets those standards, it shall issue to the landlord a regulated rent certificate, but if the council is not so satisfied it shall give notice to him of its refusal of his application containing[F8 a written statement—]

[F8 (a) of its reasons for the refusal and (where appropriate)

(b) of the works which, in its opinion, would be necessary to enable the dwelling-house to meet those standards.]

(3) When a regulated rent certificate takes effect under paragraph (2)[F7 in relation to a dwelling-house described in paragraph (1)(a)], the tenancy shall cease to be a restricted tenancy and shall become a regulated tenancy.

[F7 (3A) Where a regulated rent certificate is issued under paragraph (2) in relation to a dwelling-house described in paragraph (1)(b), the dwelling-house shall, if let under a tenancy to which this Order applies, be let under a regulated tenancy.]

(4) If a regulated rent certificate is issued under paragraph (2), any restricted rent certificate then in force in respect of the dwelling-house to which the regulated rent certificate relates shall cease to have effect.

F7 1992 NI 15

F8 1983 NI 15

Ancillary provisions as to applications under Articles 8 and 9 N.I.

10.—(1) An application by a landlord under Article 8 or 9 must state the name of the tenant under the tenancy to which the application relates and an application by a tenant under Article 8 must state the name of the landlord or his agent.

(2) Before considering such an application, a district council shall serve on the other party to the application a copy of the application and a notice in the prescribed form—

(a) informing him that he may, within twenty-eight days from the service of the notice or such other period as may be prescribed, make representations to the council as to whether or not the dwelling-house meets the regulated tenancy standards; and

(b) containing such other information or explanation of the effect of a regulated or restricted rent certificate as may be prescribed.

(3) A district council shall—

(a) serve a copy of a certificate issued under Article 8 or 9 on the tenant; and

(b) serve a copy of a notice of refusal under Article 9(2) on the tenant.

[F9 (4) Nothing in this Article applies in relation to a dwelling-house described in Article 9(1)(b).]

F9 1992 NI 15

Appeal to county court N.I.

11.—(1) A landlord on whom a restricted rent certificate is served under Article 8(2) or on whom a notice of refusal is served under Article 9(2) and a tenant on whom a copy of a regulated rent certificate is served under Article 10(3)( a) may, within twenty-eight days after the date of the service of the certificate, notice or copy or such longer period as the county court may allow, appeal to the county court.

(2) On an appeal under this Article, the court—

(a) shall have regard to the state of the dwelling-house at the time of the hearing as well as at the time of the issue or refusal of the certificate, and

(b) shall make no order as to costs unless it appears to the court, having regard to the conduct of the parties and all other circumstances, that it would be equitable to do so.

(3) If on an appeal under paragraph (1) the court orders a district council to issue a regulated rent certificate, any certificate issued in pursuance of such an order shall be deemed to have been issued on the date of the order.

(4)  Where a regulated rent certificate in respect of any dwelling-house is quashed on appeal under this Article the certificate shall, for the purposes of Article 9, be deemed never to have been issued.

(5) Where an appeal by way of case stated is made to the Court of Appeal under [F10 Article 61 of the County Courts (Northern Ireland) Order 1980 [1980 NI 3] ] on any point of law arising from a decision of a county court under this Article in respect of a restricted rent certificate, the certificate shall, if confirmed, be deemed to have had effect on the date on which the certificate was issued.

F10 1980 NI 3

Premises with a business use N.I.

12.—(1) Subject to paragraph (2), the fact that part of the premises comprised in a dwelling-house is used as a shop or office or for business, trade or professional purposes shall not prevent the dwelling-house from being let on a protected tenancy or subject to a statutory tenancy.

(2) Paragraphs (3) to (5) apply, subject to paragraph (6), where, immediately before the commencement of this Order, part ( “the non-residential part”) of a house to which the Rent Restriction Acts applied was used as a shop or office or for business, trade or professional purposes.

(3) Where it is possible to enter the house (excluding the non-residential part) otherwise than through the non-residential part, Articles 3 and 4 shall apply to the house as if the Rent Restriction Acts applied only to so much of the house as excludes the non-residential part.

(4) Where paragraph (3) does not apply, Articles 3 and 4 shall apply to the entire house.

(5) In the application of Article 7(2) as respects any such house as is referred to in paragraph (2), the non-residential part shall be left out of account.

(6) A tenancy of a dwelling-house which consists of or comprises premises licensed for the sale of intoxicating liquors for consumption on the premises shall not be a protected tenancy, nor shall such a dwelling-house be the subject of a statutory tenancy.

Para. (7) rep. by 1996 NI 5