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The Private Tenancies (Northern Ireland) Order 2006

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Changes over time for: Section 40

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There are currently no known outstanding effects for the The Private Tenancies (Northern Ireland) Order 2006, Section 40. Help about Changes to Legislation

Tenancies subject to rent controlN.I.
This section has no associated Explanatory Memorandum

40.—(1) A tenancy of a dwelling-house is subject to rent control if the tenancy is for the time being a protected tenancy or a statutory tenancy.

(2) A tenancy of a dwelling-house is subject to rent control if–

(a)the tenancy–

(i)is not a protected tenancy or a statutory tenancy, but

(ii)is a private tenancy granted on or after the commencement of this Order; and

(b)the dwelling-house–

(i)was constructed before 6th November 1956 or was provided by conversion of a building that was constructed before that date, and

(ii)does not meet the appropriate standard of fitness.

(3) A dwelling-house does not meet the appropriate standard of fitness unless–

(a)it is a prescribed dwelling-house, or

(b)a certificate of fitness is in effect in respect of it.

(4) A tenancy which is subject to rent control is referred to in this Chapter as a “controlled tenancy”.

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