{
  "url": "https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-49/chapter-5/rule-5",
  "json_url": "https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-49/chapter-5/rule-5.json",
  "legislation": "nisr/1981/225",
  "legislation_title": "County Court Rules (Northern Ireland) 1981",
  "legislation_url": "https://openlegislation.uk/county-court-rules-northern-ireland-1981",
  "path": "part/49/chapter/5/rule/5",
  "kind": "rule",
  "number": "5",
  "heading": "Applications under Article 69 of the Order for determination of certain questions in relation to tenancy",
  "text": "(1) An application under Article 69 of the Order made for the purpose of determining any question—\n(a) as to whether a tenancy is a protected tenancy or whether any person is a statutory tenant of a dwelling-house; or\n(b) as to the rent recoverable under a regulated or restricted tenancy; or\n(c) as to whether a tenancy is a restricted or regulated tenancy;\nshall be by notice in such one of Forms 234 to 237 as may be appropriate and a determination made by the Court on any such application may be in one of Forms 238 to 241.\n(2) The landlord or, as the case may be, the tenant shall be the respondent to the application and the applicant shall serve the notice on the respondent in accordance with Rule 9 and shall lodge a copy of the notice with the chief clerk together with a copy of any tenancy agreement referred to in the notice.\n(3) The particulars of the tenancy in the notice shall state whether a protected tenancy purports to have been determined and the date of such termination and where it is alleged by the applicant that a statutory tenancy has arisen by succession or otherwise shall state the manner in which the tenancy has arisen.\n(4) The particulars of any protected tenancy shall state the valuation of the dwelling-house at the grant of the tenancy, the permitted rent under the Rent Restriction Acts and how it is calculated by reference to the standard rent and any permitted increase under those Acts and whether the rates are payable by the landlord or tenant.\n(5) Where the application is for the determination of any such question as is referred to in paragraph (b) of Article 69(1) of the Order, the particulars in the notice shall in addition to those required under paragraph (4) include—\n(a) whether or not a regulated rent certificate or restricted rent certificate has been issued by a District Council with respect to the dwelling-house;\n(b) the net annual value of the dwelling-house as ascertained for the purposes of the Order under Article 71 thereof;\n(c) details of any determination by a rent assessment committee under Article 27 of the Order.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1981/225/part/49/chapter/5/rule/5",
    "retrieved_at": "2026-10-29T03:45:17.527867+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}