PART VPRIVATE SECTOR TENANTS

Amendments of 1978 Order

Protected tenancies96.

(1)

For paragraph (2) of Article 3 of the 1978 Order (protected tenancies) there shall be substituted the following paragraphs—

“(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 Article 114 of the Housing (Northern Ireland) Order 1981, which is not registered under Article 124 of that Order.” .

(2)

In paragraph (7) of Article 5 of the 1978 Order—

(a)

for sub-paragraph (e) there shall be substituted the following sub-paragraph—

“(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;” ;

(b)

in sub-paragraph (f), after the words “society” there shall be inserted the words, “ other than a housing association ”.

(3)

In Article 7 of the 1978 Order, after paragraph (3) there shall be added the following paragraph—

“(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.” .

(4)

In Article 8 of the 1978 Order, after paragraph (7) there shall be added the following paragraphs—

“(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.” .