This is the original version (as it was originally made).
Statutory Rules of Northern Ireland
LANDLORD AND TENANT
Made
5th March 2007
Coming into operation
1st April 2007
The Department for Social Development makes the following Regulations, in exercise of the powers conferred on it by Articles 34(1) and (3), 35(3) and (5), 45(2), 46(3), 49(2) and 72(1) of and paragraph 1(1) of Schedule 2 to the Private Tenancies (Northern Ireland) Order 2006(1):
1.—(1) These Regulations may be cited as the Private Tenancies (Forms Etc.) Regulations (Northern Ireland) 2007 and shall come into operation on 1st April 2007.
(2) In these Regulations:—
“appropriate rent” has the meaning assigned to it in Article 39 of the Order;
“controlled tenancy” has the meaning given in Article 40(4) of the Order;
“HMO grant” has the meaning assigned to it in Article 35(5) of the Housing (Northern Ireland) Order 2003(2);
“house in multiple occupation” has the meaning assigned to it in Part IV of the Housing (Northern Ireland) Order 1992(3);
“the Order” means the Private Tenancies (Northern Ireland) Order 2006;
“register” means the register of rents referred to in Article 46(1) of the Order;
“renovation grant” means a grant paid under Article 50 of the Housing (Northern Ireland) Order 1992, or paid or payable under Article 40 of the Housing (Northern Ireland) Order 2003.
2. The forms set out in Schedule 2 (of which a list is set out in Schedule 1) shall be the forms to be used in the exercise of functions under the Order.
3. The register shall contain the particulars with regard to a controlled tenancy which are set out in Schedule 3.
4. The Rent (Forms etc.) Regulations (Northern Ireland) 1983(4) are hereby revoked.
Sealed with the Official Seal of the Department for Social Development on 5th March 2007.
L.S.
D. M. Crothers
A senior officer of the
Department for Social Development
Regulation 2
1. Application to conduct an inspection for fitness (landlord application)
2. Application to conduct an inspection for fitness (tenant application)
3. Notice of application received to inspect a dwelling-house for fitness
4. Certificate of fitness
5. Notice of refusal of application for a certificate of fitness
6. Notification of registration of rent of a controlled tenancy
7. Application for further determination of rent
8. Notice by rent assessment committee requiring information
9a. and 9b. Notice of unfitness
10a. and 10b. Notice of disrepair
11. Notice of increase in rent of a controlled tenancy
Regulation 2
(1) Article 36 of the Private Tenancies (Northern Ireland) Order 2006 states that a district council shall, if an application under Article 33 is made to it, inspect a dwelling-house let under a private tenancy, (certain dwelling-houses do not require a fitness inspection — see Note 3 below), with a view to deciding if it meets the fitness standard for human habitation. A dwelling-house can be a house or a flat.
(2) Protected and statutory tenancies are always subject to rent control. In the absence of a rent determination under the Private Tenancies (NI) Order 2006, the rent of a protected or statutory tenancy remains fixed at the level payable under the Rent (Northern Ireland) Order 1978.
(3) (a) a dwelling-house let under a tenancy which began before the commencement of the Private Tenancies (NI) Order 2006; or
(b)a dwelling-house which was built after 1 January 1945; or
(c)a dwelling-house where a renovation grant has been paid by the Housing Executive, but only for a period of 10 years from the date of the grant; or
(d)a dwelling-house where an HMO grant has been paid by the Housing Executive, but only for a period of 10 years from the date of the grant; or
(e)a dwelling-house which is a house in multiple occupation currently registered with the Housing Executive; or
(f)a dwelling-house formerly let under a protected or statutory tenancy where a regulated rent certificate has been issued, but only for a period of 10 years from the date of the certificate.
(4) The Council will issue a certificate of fitness if it is satisfied that the dwelling-house meets the fitness standard for human habitation as set out in Article 46 of the Housing (NI) Order 1981. A dwelling house meets this standard if:—
(a)it is structurally stable;
(b)it is free from serious disrepair;
(c)it is free from dampness prejudicial to the health of the occupants;
(d)it has adequate provision for lighting, heating and ventilation;
(e)it has an adequate piped supply of wholesome water;
(f)there are satisfactory facilities in the house for the preparation and cooking of food, including a sink with a satisfactory supply of hot and cold water;
(g)it has a suitably located water-closet for the exclusive use of the occupants;
(h)it has, for the exclusive use of the occupants (if any), a suitably located fixed bath or shower and wash-hand basin each of which is provided with a satisfactory supply of hot and cold water; and
(i)it has an effective system for the draining of foul, waste and surface water.
(5) In the case of protected and statutory tenancies, the Rent Officer for Northern Ireland will determine an appropriate rent, taking into account the fitness of the dwelling-house. In the case of all other tenancies, the rent for a tenancy which meets the fitness standard for human habitation is a matter for agreement between landlord and tenant.
(6) If the Council is not satisfied that the dwelling-house meets the fitness standard for human habitation it will give the landlord notice of its refusal of his application. A copy of this will be sent to the tenant (if any). This notice will state the reasons for refusal, and will also indicate the works which in the opinion of the Council will be necessary for the dwelling-house to meet the fitness standard for human habitation.
In all cases, tenancies will be subject to rent control. An appropriate rent will be set by the Rent Officer for Northern Ireland. This rent will be the maximum which can be charged until the dwelling is brought up to the fitness standard for human habitation and a certificate of fitness is issued by the district council.
(7) The Private Tenancies (NI) Order 2006 does not alter the repairing obligations of landlord and tenant where these are clearly set out in the tenancy agreement. However, where this is not the case, the Order imposes default terms. These are set out in Articles 7 to 11 of the Order but can be summarised as follows:
Structural and exterior repairs (including gutters, drains etc, and external paintwork)
Internal repairs other than those listed under tenant’s obligations
Repair and maintenance of gas, water, electric, sanitation and heating installations
Repair and maintenance of any fixtures, fitting and furnishings provided under the tenancy
General care of the premises
Repair of any damage caused by the tenant, his household or his visitors
Internal decoration
(1) Article 36 of the Private Tenancies (Northern Ireland) Order 2006 states that a district council shall, if an application under Article 35 is made to it, inspect a dwelling-house let under a private tenancy, (certain dwelling-houses do not require a fitness inspection — see Note 3 below), with a view to deciding if it meets the fitness standard for human habitation. The application must contain information that is sufficient in the opinion of the council to indicate that the dwelling-house may no longer be fit for human habitation. A dwelling-house can be a house or a flat.
(2) Protected and statutory tenancies are always subject to rent control. In the absence of a rent determination under the Private Tenancies (NI) Order 2006, the rent of a protected or statutory tenancy remains fixed at the level payable under the Rent (Northern Ireland) Order 1978.
(3) (a) a dwelling-house let under a tenancy which began before the commencement of the Private Tenancies (NI) Order 2006; or
(b)a dwelling-house which was built after 1 January 1945; or
(c)a dwelling-house where a renovation grant has been paid by the Housing Executive, but only for a period of 10 years from the date of the grant; or
(d)a dwelling-house where an HMO grant has been paid by the Housing Executive, but only for a period of 10 years from the date of the grant; or
(e)a dwelling-house which is a house in multiple occupation currently registered with the Housing Executive; or
(f)a dwelling-house formerly let under a protected or statutory tenancy where a regulated rent certificate has been issued, but only for a period of 10 years from the date of the certificate.
(4) The Council will issue a certificate of fitness if it is satisfied that the dwelling-house meets the fitness standard for human habitation as set out in Article 46 of the Housing (NI) Order 1981. A dwelling house meets the fitness standard for human habitation if:—
(a)it is structurally stable;
(b)it is free from serious disrepair;
(c)it is free from dampness prejudicial to the health of the occupants;
(d)it has adequate provision for lighting, heating and ventilation;
(e)it has an adequate piped supply of wholesome water;
(f)there are satisfactory facilities in the house for the preparation and cooking of food, including a sink with a satisfactory supply of hot and cold water;
(g)it has a suitably located water-closet for the exclusive use of the occupants;
(h)it has, for the exclusive use of the occupants (if any), a suitably located fixed bath or shower and wash-hand basin each of which is provided with a satisfactory supply of hot and cold water; and
(i)it has an effective system for the draining of foul, waste and surface water.
(5) In the case of protected and statutory tenancies, the Rent Officer for Northern Ireland will determine an appropriate rent, taking into account the fitness of the dwelling-house. In the case of all other tenancies, the rent for a tenancy which meets the fitness standard for human habitation is a matter for agreement between landlord and tenant.
(6) If the Council is not satisfied that the dwelling-house meets the fitness standard for human habitation it will give the landlord notice of its refusal of the application. A copy of this will be sent to the tenant. This notice will state the reasons for refusal, and will also indicate the works which in the opinion of the Council will be necessary for the dwelling-house to meet the fitness standard for human habitation.
In all cases, tenancies will be subject to rent control. An appropriate rent will be set by the Rent Officer for Northern Ireland. This rent will be the maximum which can be charged until the dwelling is brought up to the fitness standard for human habitation and a certificate of fitness is issued by the district council.
(7) The Private Tenancies (NI) Order 2006 does not alter the repairing obligations of landlord and tenant where these are clearly set out in the tenancy agreement. However, where this is not the case, the Order imposes default terms. These are set out in Articles 7 to 11 of the Order but can be summarised as follows:
Structural and exterior repairs (including gutters, drains etc, and external paintwork)
Internal repairs other than those listed under tenant’s obligations
Repair and maintenance of gas, water, electric, sanitation and heating installations
Repair and maintenance of any fixtures, fitting and furnishings provided under the tenancy
General care of the premises
Repair of any damage caused by the tenant, his household or his visitors
Internal decoration
(1) Article 36 of the Private Tenancies (Northern Ireland) Order 2006 states that a district council shall, if an application under Articles 33 or 35 is made to it, inspect a dwelling-house let under a private tenancy, (certain dwelling-houses do not require a fitness inspection — see Note 3 below), with a view to deciding if it meets the fitness standard for human habitation. An application made under Article 35 must contain information that is sufficient in the opinion of the council to indicate that the dwelling-house may no longer be fit for human habitation. A dwelling-house can be a house or a flat.
(2) Protected and statutory tenancies are always subject to rent control. In the absence of a rent determination under the Private Tenancies (NI) Order 2006, the rent of a protected or statutory tenancy remains fixed at the level payable under the Rent (Northern Ireland) Order 1978.
(3) (a) a dwelling-house let under a tenancy which began before the commencement of the Private Tenancies (NI) Order 2006; or
(b)a dwelling-house which was built after 1 January 1945; or
(c)a dwelling-house where a renovation grant has been paid by the Housing Executive, but only for a period of 10 years from the date of the grant; or
(d)a dwelling-house where an HMO grant has been paid by the Housing Executive, but only for a period of 10 years from the date of the grant; or
(e)a dwelling-house which is a house in multiple occupation currently registered with the Housing Executive; or
(f)a dwelling-house formerly let under a protected or statutory tenancy where a regulated rent certificate has been issued, but only for a period of 10 years from the date of the certificate.
(4) The Council will issue a certificate of fitness if it is satisfied that the dwelling-house meets the fitness standard for human habitation as set out in Article 46 of the Housing (NI) Order 1981. A dwelling house meets the fitness standard for human habitation if:—
(a)it is structurally stable;
(b)it is free from serious disrepair;
(c)it is free from dampness prejudicial to the health of the occupants;
(d)it has adequate provision for lighting, heating and ventilation;
(e)it has an adequate piped supply of wholesome water;
(f)there are satisfactory facilities in the house for the preparation and cooking of food, including a sink with a satisfactory supply of hot and cold water;
(g)it has a suitably located water-closet for the exclusive use of the occupants;
(h)it has, for the exclusive use of the occupants (if any), a suitably located fixed bath or shower and wash-hand basin each of which is provided with a satisfactory supply of hot and cold water; and
(i)it has an effective system for the draining of foul, waste and surface water.
(5) In the case of protected and statutory tenancies, the Rent Officer for Northern Ireland will determine an appropriate rent, taking into account the fitness of the dwelling-house. In the case of all other tenancies, the rent for a tenancy which meets the fitness standard for human habitation is a matter for agreement between landlord and tenant.
(6) If the Council is not satisfied that the dwelling-house meets the fitness standard for human habitation it will give the landlord notice of its refusal of the application. A copy of this will be sent to the tenant (if any). This notice will state the reasons for refusal, and will also indicate the works which in the opinion of the Council will be necessary for the dwelling-house to meet the fitness standard for human habitation.
In all cases, tenancies will be subject to rent control. An appropriate rent will be set by the Rent Officer for Northern Ireland. This rent will be the maximum which can be charged until the dwelling is brought up to the fitness standard for human habitation and a certificate of fitness is issued by the district council.
(7) The Private Tenancies (NI) Order 2006 does not alter the repairing obligations of landlord and tenant where these are clearly set out in the tenancy agreement. However, where this is not the case, the Order imposes default terms. These are set out in Articles 7 to 11 of the Order but can be summarised as follows:
Structural and exterior repairs (including gutters, drains etc, and external paintwork)
Internal repairs other than those listed under tenant’s obligations
Repair and maintenance of gas, water, electric, sanitation and heating installations
Repair and maintenance of any fixtures, fitting and furnishings provided under the tenancy
General care of the premises
Repair of any damage caused by the tenant, his household or his visitors
Internal decoration
For purposes of Part III of the Private Tenancies (Northern Ireland) Order 2006 “the owner” in relation to a dwelling-house or building means the person who for the time being receives or is entitled to receive the rent of the dwelling-house or building, whether on his own account or as agent or trustee for any other person.
(Article 15)
If you do not agree with this notice you may appeal against it to the county court but you must do this within 21 days after this notice is served on you.
(Article 22)
If there is no appeal the notice will become operative at the end of 21 days from the date it is served.
If there is an appeal and the county court confirms the notice, it will not become operative until the period for appealing to the Court of Appeal expires without such an appeal being brought. If there is such a further appeal, the notice will not become operative until it is confirmed by the Court of Appeal.
If you start an appeal and then withdraw it, the notice will become operative on the day on which it would have become operative if the county court or Court of Appeal had confirmed the notice, order or decision against which the appeal was brought, on the day on which you withdrew your appeal.
(Article 23)
If you fail to comply with this notice within the period specified in this notice or, where the notice has been varied on appeal, such other period as the court may specify on the final determination of the appeal (“the appropriate period”) you commit an offence punishable in the magistrate’s court by a fine not exceeding level 4, currently [£2,500], on the standard scale.
(Articles 24 and 68)
If you do not comply with this notice within the appropriate period the Council may do the works itself and charge you the costs. These costs, together with interest from the date when a demand for the expenses concerned has been served, may be recovered as a civil debt and will be considered a mortgage against the property in question, enforceable under the Conveyancing Act 1881 and registered in the Statutory Charges Register.
(Article 25)
You may be entitled to a discretionary grant towards the cost of the works from the Northern Ireland Housing Executive. You should contact the Housing Executive about the possibility of obtaining grant aid.
If you decide to appeal you will need to apply to your local county court. You can find the address and telephone number in the telephone directory under “Northern Ireland Court Service”.
If you do not understand this notice or wish to know more about it you should contact the Council. If you would like independent advice or information on your rights and obligations you should contact a solicitor, or Housing Rights Service (telephone number (028) 90245640), or Advice NI, (telephone number (028) 90645919) which will be able to give you details of your local independent advice centre, or your local Citizens Advice Bureau (see the telephone directory for details).
For purposes of Part III of the Private Tenancies (Northern Ireland) Order 2006 “the owner” in relation to a dwelling-house or building means the person who for the time being receives or is entitled to receive the rent of the dwelling-house or building, whether on his own account or as agent or trustee for any other person.
(Article 15)
If you do not agree with this notice you may appeal against it to the county court but you must do this within 21 days after this notice is served on you.
(Article 22)
If there is no appeal the notice will become operative at the end of 21 days from the date it is served.
If there is an appeal and the county court confirms the notice, it will not become operative until the period for appealing to the Court of Appeal expires without such an appeal being brought. If there is such a further appeal, the notice will not become operative until it is confirmed by the Court of Appeal.
If you start an appeal and then withdraw it, the notice will become operative on the day on which it would have become operative if the county court or Court of Appeal had confirmed the notice, order or decision against which the appeal was brought, on the day on which you withdrew your appeal.
(Article 23)
If you fail to comply with this notice within the period specified in this notice or, where the notice has been varied on appeal, such other period as the court may specify on the final determination of the appeal (“the appropriate period”) you commit an offence punishable in the magistrate’s court by a fine not exceeding level 4, currently [£2,500], on the standard scale.
(Articles 24 and 68)
If you do not comply with this notice within the appropriate period the Council may do the works itself and charge you the costs. These costs, together with interest from the date when a demand for the expenses concerned has been served, may be recovered as a civil debt and will be considered a mortgage against the property in question, enforceable under the Conveyancing Act 1881 and registered in the Statutory Charges Register.
(Article 25)
You may be entitled to a discretionary grant towards the cost of the works from the Northern Ireland Housing Executive. You should contact the Housing Executive about the possibility of obtaining grant aid.
If you decide to appeal you will need to apply to your local county court. You can find the address and telephone number in the telephone directory under “Northern Ireland Court Service”.
If you do not understand this notice or wish to know more about it you should contact the Council. If you would like independent advice or information on your rights and obligations you should contact a solicitor, or Housing Rights Service (telephone number (028) 90245640), or Advice NI, (telephone number (028) 90645919) which will be able to give you details of your local independent advice centre, or your local Citizens Advice Bureau (see the telephone directory for details).
For purposes of Part III of the Private Tenancies (Northern Ireland) Order 2006 “the owner” in relation to a dwelling-house or building means the person who for the time being receives or is entitled to receive the rent of the dwelling-house or building, whether on his own account or as agent or trustee for any other person.
(Article 15)
If you do not agree with this notice you may appeal against it to the county court but you must do this within 21 days after this notice is served on you.
(Article 22)
If there is no appeal the notice will become operative at the end of 21 days from the date it is served.
If there is an appeal and the county court confirms the notice, it will not become operative until the period for appealing to the Court of Appeal expires without such an appeal being brought. If there is such a further appeal, the notice will not become operative until it is confirmed by the Court of Appeal.
If you start an appeal and then withdraw it, the notice will become operative on the day on which it would have become operative if the county court or Court of Appeal had confirmed the notice, order or decision against which the appeal was brought, on the day on which you withdrew your appeal.
(Article 23)
If you fail to comply with this notice within the period specified in this notice or, where the notice has been varied on appeal, such other period as the court may specify on the final determination of the appeal (“the appropriate period”) you commit an offence punishable in the magistrate’s court by a fine not exceeding level 4, currently [£2,500], on the standard scale.
(Articles 24 and 68)
If you do not comply with this notice within the appropriate period the Council may do the works itself and charge you the costs. These costs, together with interest from the date when a demand for the expenses concerned has been served, may be recovered as a civil debt and will be considered a mortgage against the property in question, enforceable under the Conveyancing Act 1881 and registered in the Statutory Charges Register.
(Article 25)
You may be entitled to a discretionary grant towards the cost of the works from the Northern Ireland Housing Executive. You should contact the Housing Executive about the possibility of obtaining grant aid.
If you decide to appeal you will need to apply to your local county court. You can find the address and telephone number in the telephone directory under “Northern Ireland Court Service”.
If you do not understand this notice or wish to know more about it you should contact the Council. If you would like independent advice or information on your rights and obligations you should contact a solicitor, or Housing Rights Service (telephone number (028) 90245640), or Advice NI, (telephone number (028) 90645919) which will be able to give you details of your local independent advice centre, or your local Citizens Advice Bureau (see the telephone directory for details).
For purposes of Part III of the Private Tenancies (Northern Ireland) Order 2006 “the owner” in relation to a dwelling-house or building means the person who for the time being receives or is entitled to receive the rent of the dwelling-house or building, whether on his own account or as agent or trustee for any other person.
(Article 15)
If you do not agree with this notice you may appeal against it to the county court but you must do this within 21 days after this notice is served on you.
(Article 22)
If there is no appeal the notice will become operative at the end of 21 days from the date it is served.
If there is an appeal and the county court confirms the notice, it will not become operative until the period for appealing to the Court of Appeal expires without such an appeal being brought. If there is such a further appeal, the notice will not become iterative until it is confirmed by the Court of Appeal.
If you start an appeal and then withdraw it, the notice will become operative on the day on which it would have become operative if the county court or Court of Appeal had confirmed the notice, order or decision against which the appeal was brought, on the day on which you withdrew your appeal.
(Article 23)
If you fail to comply with this notice within the period specified in this notice or, where the notice has been varied on appeal, such other period as the court may specify on the final determination of the appeal (“the appropriate period”) you commit an offence punishable in the magistrate’s court by a fine not exceeding level 4, currently [£2,500], on the standard scale.
(Articles 24 and 68)
If you do not comply with this notice within the appropriate period the Council may do the works itself and charge you the costs. These costs, together with interest from the date when a demand for the expenses concerned has been served, may be recovered as a civil debt and will be considered a mortgage against the property in question, enforceable under the Conveyancing Act 1881 and registered in the Statutory Charges Register.
(Article 25)
You may be entitled to a discretionary grant towards the cost of the works from the Northern Ireland Housing Executive. You should contact the Housing Executive about the possibility of obtaining grant aid.
If you decide to appeal you will need to apply to your local county court. You can find the address and telephone number in the telephone directory under “Northern Ireland Court Service”.
If you do not understand this notice or wish to know more about it you should contact the Council. If you would like independent advice or information on your rights and obligations you should contact a solicitor, or Housing Rights Service (telephone number (028) 90245640), or Advice NI, (telephone number (028) 90645919) which will be able to give you details of your local independent advice centre, or your local Citizens Advice Bureau (see the telephone directory for details).
Regulation 3 Article 46(3)
1. Address of Dwelling-house
2. District Council
3. House type
(i.e. detached, semi-detached, terraced, flat in 2 storey block, other flat)
4. Date of construction
5. Rental period covered
(i.e. Weekly/ Monthly/Quarterly)
6. Certificate of fitness issued/date (if applicable)
7. Notice of refusal/date (if applicable)
8. Name of tenant
9. Name and address of landlord
10. Name and address of agent (if any)
11. Appropriate Rent
12. Protected or statutory tenancy? (yes or no)
(This note is not part of the Order)
These regulations, which revoke the Rent (Forms etc.) Regulations (Northern Ireland) 1983, prescribe the forms to be used for the purposes of the Private Tenancies (Northern Ireland) Order 2006.
Schedule 1 to the regulations gives a list of the forms which are specified in detail in Schedule 2. Schedule 3 specifies the information to be contained in the register of rents.
The forms contained in Schedule 2 specify the format to be used by landlords, tenants and district councils in relation to applications for fitness inspections. They also specify the format to be followed by district councils in relation to a certificate of fitness, notice of refusal, notice of unfitness, notice of disrepair and by the rent officer in relation to the registration of rents. Also specified is the form to be used by a rent assessment committee when requesting information and the form to be used in relation to rent increases and further determinations of the rents of controlled tenancies.
S.I. 2003/412 (N.I. 2)
S.I. 1992/1725 (N.I. 15) as amended by S.I. 2003/412 (N.I. 2)
S.R.1983 No. 266
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