The Housing (Northern Ireland) Order 1992

Article 102.

SCHEDULE 7 AMENDMENTS OF THE RENT (NORTHERN IRELAND) ORDER 1978 (NI 20)

1.—(1) In Article 3(2A) (definition of “unregistered housing association”) for the words from “Article 114” onwards substitute “Article 3 of the Housing (Northern Ireland) Order 1992 which is not registered under Article 14 of that Order”.

(2) In Article 9 (conversion of restricted tenancies)—

(a) in paragraph (1) for the words from “under” to “subsists” substitute

• “of a dwelling-house—

  (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,

  cause the dwelling-house”;

(b) in paragraph (3) after the words “paragraph (2)” insert “in relation to a dwelling-house described in paragraph (1)(a)”;

(c) after paragraph (3) insert the following paragraph—

“(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.”

(3) In Article 10 (ancillary provisions as to applications under Articles 8 and 9), after paragraph (3) add the following paragraph—

“(4) Nothing in this Article applies in relation to a dwelling-house described in Article 9(1)(b).”

2.  In Article 25 (the register of rents) in paragraph (8) omit the words “on payment of the prescribed fee”.

3.  In Article 54 (unlawful eviction and harassment of occupier) after paragraph (3) insert the following paragraph—

“(3A) Proceedings for an offence under this Article may be instituted by the district council in whose district the dwelling-house is situated.”

4.  Schedule 3 shall be omitted.

5.  In Part I of Schedule 4 (cases in which court may order possession of dwelling-houses let on or subject to protected or statutory tenancies), in Case 1 there shall be added the following—

• “In paragraphs (a) and (b) above any reference to an obligation of a tenancy does not include an obligation to repair, maintain or carry out works to the dwelling-house comprised in the tenancy, other than an obligation arising by virtue of Article 42.”