The Private Tenancies (Northern Ireland) Order 2006

Meaning of “private tenancy”

This section has no associated Explanatory Memorandum

3.—(1) In this Order “private tenancy”–

(a)means any tenancy of a dwelling-house except–

(i)a fee farm grant, or

(ii)any of the tenancies described in paragraph (2); and

(b)includes, except where the context otherwise requires, a protected tenancy and a statutory tenancy.

(2) Those tenancies are–

(a)a tenancy for a term certain exceeding 99 years, unless that tenancy is, or may become, terminable before the end of that term by notice given to the tenant;

(b)a tenancy under which the estate of the landlord belongs to–

(i)the Crown (whether in right of Her Majesty’s Government in the United Kingdom or in Northern Ireland);

(ii)a government department;

(iii)the Executive;

(iv)a registered housing association;

or is held in trust for Her Majesty for the purposes of a government department; and

(c)a tenancy the purpose of which is to confer on the tenant the right to occupy a dwelling-house for a holiday.

(3) In paragraph (2)(b)–

(a)“government department” includes a department of the government of the United Kingdom; and

(b)“registered”, in relation to a housing association, means registered in the register maintained under Part II of the Housing (Northern Ireland) Order 1992 (NI 15).