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The Housing (Northern Ireland) Order 2003

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2003, ISBN 0110443462

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order in Council laid before Parliament under paragraph 2(1)(a) of the Schedule to the Northern Ireland Act 2000, for approval by resolution of each House of Parliament.

NORTHERN IRELAND

Made 2003

Coming into operation in accordance with Article 1(2) and (3)

At the Court at Buckingham Palace, the day of 2003

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–

Contents

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2General interpretation
  4. 3Members of a person’s family
  5. Part II: CONDUCT OF TENANTS
  6. Chapter I: INTRODUCTORY
  7. 4Interpretation of Part II
  8. 5Meaning of “dwelling-house”
  9. Chapter II: INTRODUCTORY TENANCIES
  10. General provisions
  11. 6Introductory tenancies
  12. 7Duration of introductory tenancy
  13. 8Licences
  14. Proceedings for possession
  15. 9Proceedings for possession
  16. 10Notice of proceedings for possession
  17. 11Review of decision to seek possession
  18. 12Effect of beginning proceedings for possession
  19. Succession on death of tenant
  20. 13Persons qualified to succeed tenant
  21. 14Cases where the tenant is a successor
  22. 15Succession to introductory tenancy
  23. Assignment
  24. 16Assignment in general prohibited
  25. Repairs
  26. 17Right of introductory tenants of the Executive to have repairs carried out
  27. Provision of information and consultation
  28. 18Provision of information about tenancies
  29. 19Consultation on matters of housing management
  30. Supplementary
  31. 20Jurisdiction of county court
  32. 21Power to make further provision
  33. Chapter III: REPOSSESSION, &c. OF DWELLING-HOUSES LET UNDER SECURE TENANCIES
  34. 22Extension of ground of nuisance or annoyance to neighbours, &c.
  35. 23New ground of domestic violence
  36. 24Extension of ground that grant of tenancy induced by false statement
  37. 25Proceedings for possession or termination
  38. Chapter IV: INJUNCTIONS AGAINST ANTI-SOCIAL BEHAVIOUR
  39. 26Power to grant injunctions against anti-social behaviour
  40. 27Meaning of “harm”
  41. Part III: GRANTS, &c. FOR RENEWAL OF PRIVATE SECTOR HOUSING
  42. Chapter I: INTRODUCTORY
  43. 28Interpretation of Part III
  44. Interpretation
  45. 29Meaning of “reasonable repair”
  46. 30Fitness for human habitation
  47. 31Meaning of “connected persons”
  48. 32Meaning of “owner” of dwelling
  49. 33Disabled persons
  50. Chapter II: THE MAIN GRANTS
  51. Introductory
  52. 34Interpretation of Chapter II
  53. 35Grants for improvements and repairs, &c.
  54. 36Applications for grants
  55. Preliminary conditions
  56. 37Ineligible applicants
  57. 38The age of the property
  58. 39Excluded descriptions of works
  59. Renovation grants
  60. 40Renovation grants: owner’s applications and tenant’s applications
  61. 41Renovation grants: certificates required in case of owner’s application
  62. 42Renovation grants: certificates required in case of tenant’s application
  63. 43Renovation grants: purposes for which grant may be given
  64. 44Renovation grants: approval of application
  65. Common parts grants
  66. 45Common parts grants: occupation of flats by occupying tenants
  67. 46Common parts grants: landlord’s and tenants' applications
  68. 47Common parts grants: certificates required to accompany application
  69. 48Common parts grants: purposes for which grant may be given
  70. 49Common parts grants: approval of application
  71. Disabled facilities grants
  72. 50Disabled facilities grants: owner’s and tenant’s applications
  73. 51Disabled facilities grants: the disabled occupant
  74. 52Disabled facilities grants: certificate required in case of owner’s application
  75. 53Disabled facilities grants: certificates required in case of tenant’s application
  76. 54Disabled facilities grants: purposes for which grant must or may be given
  77. 55Disabled facilities grants: approval of application
  78. HMO grants
  79. 56HMO grants: the interest of the applicant in the property
  80. 57HMO grants: certificate required to accompany application
  81. 58HMO grants: purposes for which grant may be given
  82. 59HMO grants: approval of application
  83. Restrictions on grant aid
  84. 60Restriction on grants for works already begun
  85. 61Means testing in case of application by owner-occupier or tenant
  86. 62Determination of amount of grant in case of landlord’s application
  87. 63Apportionment in case of tenants' application for common parts grant
  88. 64Power to specify maximum amount of grant
  89. Decision and notification
  90. 65Decision and notification
  91. Payment of grants
  92. 66Payment of grants: general
  93. 67Delayed payment of mandatory grant
  94. 68Payment of grants: conditions as to carrying out of the works
  95. 69Payment of grants: conditions as to contractors employed
  96. 70Payment of grant to contractor
  97. 71Applicant ceasing to be entitled before payment of grant
  98. 72Change of circumstances affecting disabled occupant
  99. 73Cases in which grants may be recalculated, withheld or repaid
  100. 74Repayment where applicant not entitled to grant
  101. Grant conditions and repayment
  102. 75Grant conditions: introductory
  103. 76Condition for repayment on disposal: renovation grants
  104. 77Condition for repayment on disposal: common parts grants
  105. 78Condition as to repayment on disposal: HMO grants
  106. 79Condition as to owner-occupation: renovation grants
  107. 80Condition as to availability for letting: renovation grants
  108. 81Conditions as to occupation: HMO grants
  109. 82Conditions as to repayment in case of other compensation, &c.
  110. 83Power to impose other conditions
  111. 84Meaning of relevant disposal
  112. 85Meaning of exempt disposal
  113. 86Cessation of conditions on repayment of grant, &c.
  114. Supplementary
  115. 87Provisions relating to death of applicant
  116. 88Power of Executive to carry out works which would attract grant
  117. Chapter III: GROUP REPAIR SCHEMES
  118. Introductory
  119. 89Interpretation of Chapter III
  120. 90Group repair schemes
  121. 91Qualifying buildings
  122. 92Scheme works
  123. 93Approval of scheme by the Department
  124. Participation in group repair scheme
  125. 94Persons eligible to participate in group repair scheme
  126. 95Scheme consent and restriction on works
  127. 96Certificate of completion date
  128. 97Contributions by participants
  129. Variation of group repair scheme
  130. 98Variation of group repair scheme
  131. Conditions as to participation
  132. 99Conditions of participation: general
  133. 100Condition as to payment of balance of cost on disposal
  134. 101Conditions as to occupation
  135. 102Meaning of “relevant disposal” and “exempt disposal”
  136. 103Payment of balance of cost, &c: cessation of conditions
  137. Supplementary
  138. 104Power of Department to modify operation of Chapter
  139. Chapter IV: HOME REPAIR ASSISTANCE
  140. 105Interpretation of Chapter IV
  141. 106Home repair assistance
  142. 107Entitlement to home repair assistance
  143. 108Assistance in respect of mobile homes
  144. 109Power to make further provision by regulations
  145. Chapter V: DEFERRED ACTION NOTICES. &c.
  146. 110Interpretation of Chapter V
  147. Deferred action notices
  148. 111Deferred action notices
  149. 112Service of deferred action notices
  150. 113Appeals against deferred action notices
  151. 114Review of deferred action notices
  152. 115Guidance by the Department
  153. Power to charge for enforcement action
  154. 116Unfitness for human habitation, &c.: power to charge for enforcement action
  155. 117Recovery of charge for enforcement action
  156. Supplementary
  157. 118Power to prescribe forms
  158. Chapter VI: SUPPLEMENTARY PROVISIONS
  159. Religious denominations, charities, &c.
  160. 119Religious denominations, charities, &c.
  161. Transitional provisions and savings
  162. 120Transitional provisions and savings
  163. Part IV: MISCELLANEOUS AMENDMENTS
  164. Chapter I: AMENDMENTS OF THE RENT (NORTHERN IRELAND) ORDER 1978
  165. 121Transfer of duty to keep register of rents
  166. 122Institution of proceedings for offences with respect to rent books
  167. Chapter II: AMENDMENTS OF THE ORDER OF 1981
  168. 123Interpretation of Order of 1981
  169. 124Allocation of housing accommodation
  170. 125Caravan sites for members of the Irish Traveller community
  171. 126Acquisition of land by the Executive for amenity purposes
  172. 127Termination of home insulation schemes
  173. 128Disposal of houses let by the Executive to secure tenants
  174. 129Increase of penalty for obstruction of an authorised officer
  175. 130Membership of the Executive
  176. Chapter III: AMENDMENTS OF THE ORDER OF 1983
  177. 131House sales by registered housing associations
  178. 132Tenant’s improvements
  179. 133Right of secure tenants of the Executive to have repairs carried out
  180. 134Tenancies which are not secure tenancies
  181. Chapter IV: AMENDMENTS OF THE ORDER OF 1988
  182. 135Definition of “homelessness”
  183. 136Becoming homeless intentionally
  184. 137Eligibility for housing assistance
  185. 138Emergency grants
  186. Chapter V: AMENDMENTS OF THE ORDER OF 1992
  187. 139Realisation of value of Department’s loans portfolio
  188. 140Rent for housing accommodation provided by registered housing associations
  189. 141Disposal of land by registered housing associations
  190. 142Repairs grants
  191. 143Amendment of definition of “multiple occupation”
  192. 144Registration scheme for houses in multiple occupation
  193. 145Service of certain documents
  194. Chapter VI: OTHER AMENDMENTS
  195. 146Complaints against registered housing associations
  196. 147Minor and consequential amendments
  197. Part V: SUPPLEMENTAL PROVISIONS
  198. 148Orders and regulations
  199. 149Repeals
  200. Signature
  201. Schedule 1: AMENDMENTS RELATING TO TRANSFER OF DUTY TO KEEP REGISTER OF RENTS
  202. The Rent (Northern Ireland) Order 1978 (NI 20)
  203. 1Paragraph 1
  204. 2Paragraph 2
  205. 3Paragraph 3
  206. 4Paragraph 4
  207. 5Paragraph 5
  208. 6Paragraph 6
  209. 7Paragraph 7
  210. 8Paragraph 8
  211. 9The Housing (Northern Ireland) Order 1983 (NI 15)
  212. Schedule 2: TRANSFER TO THE EXECUTIVE OF TRAVELLERS' CARAVAN SITES
  213. 1Paragraph 1
  214. 2Paragraph 2
  215. 3Paragraph 3
  216. 4Paragraph 4
  217. Schedule 3REGISTRATION SCHEME FOR HOUSES IN MULTIPLE OCCUPATION
  218. Schedule 4: MINOR AND CONSEQUENTIAL AMENDMENTS
  219. The Land Registration Act (Northern Ireland) 1970 (c. 18)
  220. 1Paragraph 1
  221. The Rent (Northern Ireland) Order 1978 (NI 20)
  222. 2Paragraph 2
  223. The Housing (Northern Ireland) Order 1981 (NI 3)
  224. 3Paragraph 3
  225. 4Paragraph 4
  226. 5Paragraph 5
  227. The Housing (Northern Ireland) Order 1983 (NI 15)
  228. 6Paragraph 6
  229. 7Paragraph 7
  230. 8Paragraph 8
  231. 9Paragraph 9
  232. The Housing (Northern Ireland) Order 1986 (NI 13)
  233. 10Paragraph 10
  234. The Housing (Northern Ireland) Order 1992 (NI 15)
  235. 11Paragraph 11
  236. 12Paragraph 12
  237. Schedule 5REPEALS
  238. Explanatory note