SCHEDULES
SCHEDULE 2TENANCIES WHICH ARE NOT SECURE TENANCIES
Long leases
1
[F1
1
A tenancy is not a secure tenancy if—
a
it is a tenancy granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture; or
b
it is a tenancy created by an equity-sharing lease within the meaning of Article 31 (6) of the principal Order.
F2F12
For the purposes of this paragraph a tenancy granted in pursuance of Chapter 1 of Part II of this Order is a long lease notwithstanding that it is granted for a term not exceeding 21 years.
F4Introductory tenancies
F31A
A tenancy is not a secure tenancy if it is an introductory tenancy or a tenancy which has ceased to be an introductory tenancy—
a
by virtue of Article 15(3) of the Housing (Northern Ireland) Order 2003 (disposal on death to non-qualifying person), or
b
by virtue of the tenant, or in the case of a joint tenancy every tenant, ceasing to occupy the dwelling-house as his only or principal home.
Premises occupied under contract of employment
2
1
F5Subject to sub-paragraph (3) a tenancy is not a secure tenancy if the tenant is an employee of the landlord and his contract of service requires him to occupy the dwelling-house for the better performance of his duties.
2
In sub-paragraph (1) “contract of service” means a contract of service or apprenticeship, whether express or implied and (if express) whether oral or in writing.
F53
A tenancy under sub-paragraph (1) shall become a secure tenancy if the landlord notifies the tenant that the tenancy is to be regarded as a secure tenancy.
Land acquired for development
3
A tenancy is not a secure tenancy if the dwelling-house is on land which has been acquired for development (within the meaning of Article 11 of the Planning (Northern Ireland) OrderF6 1991) and the dwelling-house is used by the landlord, pending development of the land, as temporary housing accommodation.
F7Accommodation for homeless persons
3A
A tenancy granted by the landlord in pursuance of any function of the Executive under Part II of the Housing (Northern Ireland) Order 1988 (housing the homeless) is not a secure tenancy unless the landlord has notified the tenant that the tenancy is to be regarded as a secure tenancy.
F8Accommodation for asylum‐seekers
3A
1
A tenancy is not a secure tenancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.
2
A tenancy mentioned in sub‐paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be reguarded as a secure tenancy.
F13Accommodation for persons with Temporary Protection
3B
A tenancy is not a secure tenancy if it is granted in order to provide accommodation under the Displaced Persons (Temporary Protection) Regulations 2005.
Temporary letting to person seeking accommodation
4
A tenancy is not a secure tenancy if the dwelling-house is let by the landlord expressly on a temporary basis to a person moving into an area to take up employment there, and for the purpose of enabling him to seek accommodation in the area.
Short-term arrangements
5
A tenancy is not a secure tenancy if—
a
the dwelling-house has been leased to the landlord with vacant possession for use as temporary housing accommodation;
b
the terms on which it has been leased include provision for the lessor to obtain vacant possession from the landlord on the expiry of a specified period or when required by the lessor;
c
the lessor is not a body which is capable of granting secure tenancies; and
d
the landlord has no interest in the dwelling-house other than under the lease in question or as mortgagee.
Temporary accommodation during works
6
A tenancy is not a secure tenancy if—
a
the dwelling-house has been made available for occupation by the tenantF9 (or a predecessor in title of his) while works are carried out on the dwelling-house which he previously occupied as his home; and
b
the tenantF9 or predecessor was not a secure tenant of that other dwelling-house at the time when he ceased to occupy it as his home.
Licensed premises
7
A tenancy is not a secure tenancy if the dwelling-house consists of or comprises premises licensed for the sale of intoxicating liquor for consumption on the premises.
Business tenancies
8
A tenancy is not a secure tenancy if it is one to whichF10 the Business Tenancies (Northern Ireland) Order 1996 applies.
F11Defective dwelling‐houses
9
A tenancy is not a secure tenancy if—
a
the tenant became a tenant of the landlord by virtue of the landlord's acquisition of an interest in the dwelling‐house under Part II of the Housing (Northern Ireland) Order 1986; and
b
the tenant is not entitled to be granted a secure tenancy under paragraph (2) or (3) of Article 11 of that Order.
F12Qualifying shorthold tenancies
10
1
A tenancy is not a secure tenancy if it is a qualifying shorthold tenancy within the meaning of sub-paragraph (2).
2
A tenancy which is granted—
a
after the coming into operation of Article 134 of the Housing (Northern Ireland) Order 2003; and
b
for a term certain of not less than one year and not more than 5 years,
is a qualifying shorthold tenancy if and so long as—
i
the estate of the landlord belongs to a registered housing association; and
ii
the tenancy satisfies such other requirements or conditions as may be prescribed.
2003 NI 2