Search Legislation

The Private Tenancies (Northern Ireland) Order 2006

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: PART I

 Help about opening options

Alternative versions:

Status:

Point in time view as at 01/04/2012.

Changes to legislation:

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

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART I N.I.INTRODUCTORY

Title and commencementN.I.

1.—(1) This Order may be cited as the Private Tenancies (Northern Ireland) Order 2006.

(2) This Article and Article 2 shall come into operation on the expiration of 7 days from the day on which this Order is made.

(3) The other provisions of this Order shall come into operation on such day or days as the Department may by order appoint.

Subordinate Legislation Made

P1Art. 1(3) power fully exercised: different dates appointed for specified provisions by S.R. 2006/428, arts. 2, 3

General interpretationN.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) shall apply to Article 1 and the following provisions of this Order as it applies to an Act of the Assembly.

(2) In this Order–

the appropriate district council”, in relation to a dwelling-house, means the district council in whose district the dwelling-house is situated;

commencement of this Order” means the date on which the provision of this Order in which that expression occurs comes into operation;

the Department” means the Department for Social Development;

dwelling-house” includes part of a house;

the Executive” means the Northern Ireland Housing Executive;

final determination”, in relation to an appeal, shall be construed in accordance with Article 23(3) and (4);

the landlord” includes any person from time to time deriving title under the original landlord and also includes, in relation to any dwelling-house, any person other than the tenant who is, or but for Part III of the Rent Order would be, entitled to possession of the dwelling-house;

let” includes sub-let;

modify” includes amend or repeal;

prescribed” means prescribed by regulations made by the Department;

private tenancy” has the meaning given in Article 3;

protected tenancy” shall be construed in accordance with Article 3 of the Rent Order;

rates” means the regional rate and the district rate;

rent” does not include any sum payable on account of rates;

the rent officer” means the person appointed under Schedule 1 to act as rent officer;

the Rent Order” means the Rent (Northern Ireland) Order 1978 (NI 20);

statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954;

statutory tenancy” shall be construed in accordance with Article 4(5) of the Rent Order;

tenancy” includes, except where the context otherwise requires, a statutory tenancy;

tenant” includes, except where the context otherwise requires, a statutory tenant and also includes a sub-tenant and any person deriving title under the original tenant or sub-tenant.

Meaning of “private tenancy”N.I.

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).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources