The Private Tenancies (Northern Ireland) Order 2006

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. General interpretation

   3. 3. Meaning of “private tenancy”

3. PART II OBLIGATIONS OF LANDLORDS AND TENANTS

   1. Particulars relating to the tenancy, etc.

      1. 4A. Tenant to be given notice regarding certain matters: grant of tenancy

      2. 4B. Tenant to be given notice regarding certain matters: variation of certain terms

      3. 4C. Continued failure by landlord to provide notice under Article 4A or 4B after conviction or fixed penalty

      4. 4. Tenant to be given notice regarding certain matters

      5. 5. Tenant to be provided with a rent receipt for payment in cash

      6. 5ZA. Continued failure by landlord to provide rent receipt after conviction or fixed penalty

      7. 5ZB. Controlled tenancies: defence to offences under Articles 5 and 5ZA

   2. Limit on tenancy deposit amount

      1. 5ZC. Tenancy deposit limit of 1 month’s rent

      2. 5ZD. Breach of tenancy deposit limit: recoverability of excess

   3. Tenancy deposit schemes

      1. 5A. Tenancy deposit schemes

      2. 5B. Requirements relating to tenancy deposits

   4. Rent decreases

      1. 5C. Rent decreases

   5. Rent increases

      1. 5D. Restriction on frequency of rent increases

      2. 5E. Requirement to give written notice of increase

   6. Repair and maintenance

      1. 6. Application of Articles 7 to 11

      2. 7. Landlord's duties to repair

      3. 8. Care of premises by tenant

      4. 9. Landlord's obligations under private tenancy of parts of building

      5. 10. General qualifications on landlord's duties

      6. 11. Standard of repair and knowledge of disrepair

      7. 11A. Application of Articles 11B to 11F

      8. 11B. Landlord’s duties: fire, smoke and carbon monoxide alarms

      9. 11C. Tenant’s duties: fire, smoke and carbon monoxide alarms

      10. 11D. Landlord’s duties: private tenancy of part of a building

      11. 11E. General qualification on landlord’s duties

      12. 11F. Knowledge of disrepair

   7. Energy efficiency

      1. 11G. Energy efficiency of dwelling-houses let under a private tenancy

      2. 11H. Private tenancy energy efficiency regulations: power to create offences

   8. Electrical safety standards

      1. 11I. Electrical safety standards for dwelling-houses let under a private tenancy

      2. 11J. Electrical safety standards regulations: power to create an offence

      3. 11K. Electrical safety standards regulations: other enforcement

   9. Inspection, etc. of premises

      1. 12. Entry and inspection of premises

   10. Duration of private tenancies

       1. 13. Tenancies to be for a term certain

       2. 14. Length of notice to quit : by landlords

       3. 14A. Length of notice to quit: by tenants

4. PART III UNFITNESS AND DISREPAIR

   1. Introductory

      1. 15. Interpretation: Part III

      2. 16. Application of this Part

      3. 17. Determining fitness for human habitation

   2. Notices

      1. 18. Notice of unfitness

      2. 19. Notice of disrepair

      3. 20. Matters to be taken into consideration by appropriate district council

      4. 21. Consultation with the Executive

      5. 22. Appeal against notice of unfitness or notice of disrepair

      6. 23. Operative date of notice of unfitness or notice of disrepair

   3. Enforcement

      1. 24. Offence of failing to comply with notice of unfitness or notice of disrepair

      2. 25. Enforcement of notice of unfitness or notice of disrepair

      3. 26. Power to require payment for enforcement action

      4. 27. Power to enter dwelling-houses

      5. 28. Obstruction

   4. Repairs grants

      1. 29. Repairs grants

5. PART IV CERTIFICATES OF FITNESS AND RENT CONTROL

   1. CHAPTER I INTRODUCTORY

      1. 30. Interpretation: Part IV

      2. 31. Meaning of “prescribed dwelling-house”

   2. CHAPTER II CERTIFICATES OF FITNESS

      1. 32. Interpretation: Chapter II

      2. 33. Landlord's application to have dwelling-house inspected

      3. 34. Landlord's application: ancillary provisions

      4. 35. Tenant's application to have dwelling-house inspected

      5. 36. Functions of the appropriate district council

      6. 37. Appeal to county court

      7. 38. Cessation of certificate of fitness

   3. CHAPTER III TENANCIES SUBJECT TO RENT CONTROL

      1. Introductory

         1. 39. Interpretation: Chapter III

         2. 40. Tenancies subject to rent control

      2. Functions of the rent officer and rent assessment committees

         1. 41. The rent officer and rent assessment committees

         2. 42. Determination of an appropriate rent

         3. 43. Procedure after determination

         4. 44. Consideration by a rent assessment committee

         5. 45. Change of circumstances

         6. 45A. Power to amend Articles 42 to 45

      3. The register of rents

         1. 46. The register of rents

         2. 47. Removal of tenancies from the register of rents

      4. The rent limit

         1. 48. The rent limit

         2. 49. Increase of rent

         3. 50. Rent in excess of rent limit to be irrecoverable by landlord

         4. 51. Recoupment of sums paid in excess of rent limit

         5. 52. Recoupment where landlord in default

         6. 53. Recoupment of rates, etc. from tenants

         7. 54. Amounts attributable to services

      5. Rent review

         1. 55. Review of registered rents

6. PART V AMENDMENTS OF THE RENT ORDER

   1. 56. Tenancies which are protected tenancies

   2. 57. No further protected tenancies

   3. 58. Premises with a business use

   4. 59. Assignment and sub-letting

   5. 60. Unlawful eviction, etc.

   6. 61. Restriction of statutory tenancy by succession

7. PART VI MISCELLANEOUS

   1. Directions and guidance

      1. 62. Provision of directions and guidance to district councils

   2. Information

      1. 63. Publication of information to assist landlords and tenants

      2. 64. Collection of information about tenancies

      3. 64A. Disclosure of information for purposes of Parts 2 to 4

      4. 64B. Unauthorised disclosure of information

      5. 65. Information as to ownership of dwelling-houses

   3. Registration of landlords

      1. 65A. Registration of landlords

   4. Notices, etc.

      1. 66. Service of notices on landlord's agents

      2. 67. Method of serving certain documents

   5. Offences

      1. 68. Prosecution of offences

      2. 68A. Fixed penalty for certain offences

   6. General

      1. 69. Defective premises

      2. 70. Prohibition of agreements excluding Order

      3. 71. Application to Crown property

   7. Supplemental

      1. 72. Regulations

      2. 73. Further provision

      3. 74. Minor and consequential amendments

      4. 75. Repeals

8. Signature

9. SCHEDULES

   1. SCHEDULE 1

      THE RENT OFFICER AND RENT ASSESSMENT COMMITTEES

      1. The rent officer

         1. 1. (1) The Department shall appoint a person to act as...

         2. 2. In addition to the functions conferred on the rent officer...

      2. Rent assessment committees

         1. 3. The Department shall draw up and revise a panel of...

         2. 4. (1) Subject to sub-paragraphs (2) and (3), the number of...

      3. Remuneration and support services

         1. 5. There shall be paid to the rent officer and to...

         2. 6. The Department may make available to the rent officer and...

   2. SCHEDULE 2

      CONSIDERATION OF DETERMINATIONS BY RENT ASSESSMENT COMMITTEES

      1. 1. (1) For the purposes of considering whether a rent determined...

      2. 2. Where, within the period specified in paragraph 1(1)(b), or such...

      3. 3. (1) The rent officer shall submit to the rent assessment...

      4. 4. The committee shall make such inquiry (if any) as it...

   3. SCHEDULE 3

      CALCULATION OF AMOUNT OF RATES

      1. 1. For the purposes of Article 53, the amount of rates...

      2. 2. In this Schedule “the relevant rating period”, in relation to...

      3. 3. The amount of the rates for any rental period which...

      4. 4. (1) On the making by the Department of Finance and...

      5. 5. (1) If as a result of the alteration of the...

      6. 6. In computing the rates for any rental period for the...

   4. SCHEDULE 4

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. The Land Registration Act (Northern Ireland) 1970 (c. 18)

         1. 1. In Schedule 11 (matters requiring to be registered in the...

      2. The Rent Order

         1. 2. For the heading of Part II substitute– “ PROTECTED AND...

         2. 3. In Article 4(2) (statutory tenants and tenancies), omit the words...

         3. 4. In Article 49 (prohibition of premiums and loans)–

         4. 5. In Article 73A(1) (method of serving certain documents), for the...

         5. 6. In Article 75(1) (application of Order to Crown property), omit...

         6. 7. (1) Part I of Schedule 4 (grounds for possession of...

      3. The Housing (Northern Ireland) Order 1981 (NI 3)

         1. 8. In Article 41(3) (repair notices), after “Executive” insert “ shall...

      4. The Housing (Northern Ireland) Order 1983 (NI 15)

         1. 9. In Article 92(1) (protected shorthold tenancies), after “this Order” insert...

         2. 10. In Article 94 (subletting or assignment)– (a) in paragraph (1),...

         3. 11. In Part II of Schedule 9 (other amendments of the...

      5. The Ombudsman (Northern Ireland) Order 1996 (NI 8)

         1. 12. In Schedule 3 (tribunals referred to in Article 9(4) of...

      6. The Housing (Northern Ireland) Order 2003 (NI 2)

         1. 13. In Article 28(1) (interpretation), in the definition of “rack rent”,...

         2. 14. In Article 60 (restriction on grants for works already begun),...

   5. SCHEDULE 5

      REPEALS

10. Explanatory Note