The Private Tenancies (Northern Ireland) Order 2006 No. 1459 (NI. 10)

PART IV N.I. CERTIFICATES OF FITNESS AND RENT CONTROL

Modifications etc. (not altering text)

C1 Pt. IV (arts. 30-55) modified (1.10.2010) by Registered Rents (Increase) Order (Northern Ireland) 2010 (S.R. 2010/285), art. 2(1) (subject to art. 2(2))

CHAPTER III N.I. TENANCIES SUBJECT TO RENT CONTROL

Introductory N.I.

Tenancies subject to rent control N.I.

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”.