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The Private Tenancies (Northern Ireland) Order 2006
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Changes over time for: Section 36
Version Superseded: 30/06/2011
Alternative versions:
- 01/04/2007- Amendment
- 31/07/2010- Amendment
- 31/07/2010
Point in time - 30/06/2011- Amendment
- 01/04/2012- Amendment
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Point in time view as at 31/07/2010. This version of this provision has been superseded.
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Functions of the appropriate district councilN.I.
This section has no associated Explanatory Memorandum
36.—(1) On receiving an application under Article 33 or 35, the appropriate district council shall cause the dwelling-house to be inspected with a view to ascertaining whether it is fit for human habitation.
(2) The appropriate district council shall not be obliged to entertain an application under Article 33 or 35 unless the application is accompanied by a fee of such amount as may be prescribed.
(3) The appropriate district council shall not be obliged to entertain an application under Article 35 unless the application contains information that is sufficient in the opinion of the council to indicate that the dwelling-house may no longer be fit for human habitation.
(4) Where the appropriate district council is satisfied that a dwelling-house is fit for human habitation, the council shall issue and serve on the landlord of the dwelling-house a certificate (a “certificate of fitness”) to that effect.
(5) Where the appropriate district council is not satisfied that a dwelling-house is fit for human habitation, the council shall issue and serve on the landlord of the dwelling-house a notice (a “notice of refusal”)–
(a)informing him of its refusal [F1to issue a certificate of fitness] and the reasons for refusal; and
(b)stating (where appropriate) the works which, in its opinion, would be necessary to enable the dwelling-house to be made fit for human habitation.
(6) The appropriate district council shall, if a dwelling-house is let at the date of an application, serve on the tenant a copy of any certificate of fitness or notice of refusal issued with respect to it.
(7) The appropriate district council shall send to the rent officer and the Executive–
(a)a copy of any certificate of fitness or notice of refusal issued by it in respect of a dwelling-house, and
(b)such information relating to the dwelling-house and the tenancy thereof as may be prescribed.
(8) The powers conferred on a district council by this Article shall not prejudice or affect its powers under Part III of this Order or section 110 of the Public Health (Ireland) Act 1878 (c. 52).
Textual Amendments
F1Words in art. 36(5)(a) substituted (31.7.2010) by Housing (Amendment) Act (Northern Ireland) 2010 (c. 9), ss. 16, 19(1); S.R. 2010/251, art. 2
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