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The Private Tenancies (Northern Ireland) Order 2006

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

Draft 2006, ISBN 011080032X

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 2006

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

At the Court at Buckingham Palace, the day of 2006

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. 3Meaning of “private tenancy”
  5. Part II: OBLIGATIONS OF LANDLORDS AND TENANTS
  6. Particulars relating to the tenancy, etc.
  7. 4Tenant to be given notice regarding certain matters
  8. 5Tenant to be provided with a rent book
  9. Repair and maintenance
  10. 6Application of Articles 7 to 11
  11. 7Landlord’s duties to repair
  12. 8Care of premises by tenant
  13. 9Landlord’s obligations under private tenancy of parts of building
  14. 10General qualifications on landlord’s duties
  15. 11Standard of repair and knowledge of disrepair
  16. Inspection, etc. of premises
  17. 12Entry and inspection of premises
  18. Duration of private tenancies
  19. 13Tenancies to be for a term certain
  20. 14Length of notice to quit
  21. Part III: UNFITNESS AND DISREPAIR
  22. Introductory
  23. 15Interpretation: Part III
  24. 16Application of this Part
  25. 17Determining fitness for human habitation
  26. Notices
  27. 18Notice of unfitness
  28. 19Notice of disrepair
  29. 20Matters to be taken into consideration by appropriate district council
  30. 21Consultation with the Executive
  31. 22Appeal against notice of unfitness or notice of disrepair
  32. 23Operative date of notice of unfitness or notice of disrepair
  33. Enforcement
  34. 24Offence of failing to comply with notice of unfitness or notice of disrepair
  35. 25Enforcement of notice of unfitness or notice of disrepair
  36. 26Power to require payment for enforcement action
  37. 27Power to enter dwelling-houses
  38. 28Obstruction
  39. Repairs grants
  40. 29Repairs grants
  41. Part IV: CERTIFICATES OF FITNESS AND RENT CONTROL
  42. Chapter I: INTRODUCTORY
  43. 30Interpretation: Part IV
  44. 31Meaning of “prescribed dwelling-house”
  45. Chapter II: CERTIFICATES OF FITNESS
  46. 32Interpretation: Chapter II
  47. 33Landlord’s application to have dwelling-house inspected
  48. 34Landlord’s application: ancillary provisions
  49. 35Tenant’s application to have dwelling-house inspected
  50. 36Functions of the appropriate district council
  51. 37Appeal to county court
  52. 38Cessation of certificate of fitness
  53. Chapter III: TENANCIES SUBJECT TO RENT CONTROL
  54. Introductory
  55. 39Interpretation: Chapter III
  56. 40Tenancies subject to rent control
  57. Functions of the rent officer and rent assessment committees
  58. 41The rent officer and rent assessment committees
  59. 42Determination of an appropriate rent
  60. 43Procedure after determination
  61. 44Consideration by a rent assessment committee
  62. 45Change of circumstances
  63. The register of rents
  64. 46The register of rents
  65. 47Removal of tenancies from the register of rents
  66. The rent limit
  67. 48The rent limit
  68. 49Increase of rent
  69. 50Rent in excess of rent limit to be irrecoverable by landlord
  70. 51Recoupment of sums paid in excess of rent limit
  71. 52Recoupment where landlord in default
  72. 53Recoupment of rates, etc. from tenants
  73. 54Amounts attributable to services
  74. Rent review
  75. 55Review of registered rents
  76. Part V: AMENDMENTS OF THE RENT ORDER
  77. 56Tenancies which are protected tenancies
  78. 57No further protected tenancies
  79. 58Premises with a business use
  80. 59Assignment and sub-letting
  81. 60Unlawful eviction, etc.
  82. 61Restriction of statutory tenancy by succession
  83. Part VI: MISCELLANEOUS
  84. Directions and guidance
  85. 62Provision of directions and guidance to district councils
  86. Information
  87. 63Publication of information to assist landlords and tenants
  88. 64Collection of information about tenancies
  89. 65Information as to ownership of dwelling-houses
  90. Notices, etc.
  91. 66Service of notices on landlord’s agents
  92. 67Method of serving certain documents
  93. Offences
  94. 68Prosecution of offences
  95. General
  96. 69Defective premises
  97. 70Prohibition of agreements excluding Order
  98. 71Application to Crown property
  99. Supplemental
  100. 72Regulations
  101. 73Further provision
  102. 74Minor and consequential amendments
  103. 75Repeals
  104. Signature
  105. Schedule 1: THE RENT OFFICER AND RENT ASSESSMENT COMMITTEES
  106. The rent officer
  107. 1Paragraph 1
  108. 2Paragraph 2
  109. Rent assessment committees
  110. 3Paragraph 3
  111. 4Paragraph 4
  112. Remuneration and support services
  113. 5Paragraph 5
  114. 6Paragraph 6
  115. Schedule 2: CONSIDERATION OF DETERMINATIONS BY RENT ASSESSMENT COMMITTEES
  116. 1Paragraph 1
  117. 2Paragraph 2
  118. 3Paragraph 3
  119. 4Paragraph 4
  120. Schedule 3: CALCULATION OF AMOUNT OF RATES
  121. 1Paragraph 1
  122. 2Paragraph 2
  123. 3Paragraph 3
  124. 4Paragraph 4
  125. 5Paragraph 5
  126. 6Paragraph 6
  127. Schedule 4: MINOR AND CONSEQUENTIAL AMENDMENTS
  128. The Land Registration Act (Northern Ireland) 1970 (c. 18)
  129. 1Paragraph 1
  130. The Rent Order
  131. 2Paragraph 2
  132. 3Paragraph 3
  133. 4Paragraph 4
  134. 5Paragraph 5
  135. 6Paragraph 6
  136. 7Paragraph 7
  137. The Housing (Northern Ireland) Order 1981 (NI 3)
  138. 8Paragraph 8
  139. The Housing (Northern Ireland) Order 1983 (NI 15)
  140. 9Paragraph 9
  141. 10Paragraph 10
  142. 11Paragraph 11
  143. The Ombudsman (Northern Ireland) Order 1996 (NI 8)
  144. 12Paragraph 12
  145. The Housing (Northern Ireland) Order 2003 (NI 2)
  146. 13Paragraph 13
  147. 14Paragraph 14
  148. Schedule 5REPEALS
  149. Explanatory note