The Private Tenancies (Northern Ireland) Order 2006
Draft 2006, ISBN 011080032X
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
- Part I: INTRODUCTORY
- 1Title and commencement
- 2General interpretation
- 3Meaning of “private tenancy”
- Part II: OBLIGATIONS OF LANDLORDS AND TENANTS
- Particulars relating to the tenancy, etc.
- 4Tenant to be given notice regarding certain matters
- 5Tenant to be provided with a rent book
- Repair and maintenance
- 6Application of Articles 7 to 11
- 7Landlord’s duties to repair
- 8Care of premises by tenant
- 9Landlord’s obligations under private tenancy of parts of building
- 10General qualifications on landlord’s duties
- 11Standard of repair and knowledge of disrepair
- Inspection, etc. of premises
- 12Entry and inspection of premises
- Duration of private tenancies
- 13Tenancies to be for a term certain
- 14Length of notice to quit
- Part III: UNFITNESS AND DISREPAIR
- Introductory
- 15Interpretation: Part III
- 16Application of this Part
- 17Determining fitness for human habitation
- Notices
- 18Notice of unfitness
- 19Notice of disrepair
- 20Matters to be taken into consideration by appropriate district council
- 21Consultation with the Executive
- 22Appeal against notice of unfitness or notice of disrepair
- 23Operative date of notice of unfitness or notice of disrepair
- Enforcement
- 24Offence of failing to comply with notice of unfitness or notice of disrepair
- 25Enforcement of notice of unfitness or notice of disrepair
- 26Power to require payment for enforcement action
- 27Power to enter dwelling-houses
- 28Obstruction
- Repairs grants
- 29Repairs grants
- Part IV: CERTIFICATES OF FITNESS AND RENT CONTROL
- Chapter I: INTRODUCTORY
- 30Interpretation: Part IV
- 31Meaning of “prescribed dwelling-house”
- Chapter II: CERTIFICATES OF FITNESS
- 32Interpretation: Chapter II
- 33Landlord’s application to have dwelling-house inspected
- 34Landlord’s application: ancillary provisions
- 35Tenant’s application to have dwelling-house inspected
- 36Functions of the appropriate district council
- 37Appeal to county court
- 38Cessation of certificate of fitness
- Chapter III: TENANCIES SUBJECT TO RENT CONTROL
- Introductory
- 39Interpretation: Chapter III
- 40Tenancies subject to rent control
- Functions of the rent officer and rent assessment committees
- 41The rent officer and rent assessment committees
- 42Determination of an appropriate rent
- 43Procedure after determination
- 44Consideration by a rent assessment committee
- 45Change of circumstances
- The register of rents
- 46The register of rents
- 47Removal of tenancies from the register of rents
- The rent limit
- 48The rent limit
- 49Increase of rent
- 50Rent in excess of rent limit to be irrecoverable by landlord
- 51Recoupment of sums paid in excess of rent limit
- 52Recoupment where landlord in default
- 53Recoupment of rates, etc. from tenants
- 54Amounts attributable to services
- Rent review
- 55Review of registered rents
- Part V: AMENDMENTS OF THE RENT ORDER
- 56Tenancies which are protected tenancies
- 57No further protected tenancies
- 58Premises with a business use
- 59Assignment and sub-letting
- 60Unlawful eviction, etc.
- 61Restriction of statutory tenancy by succession
- Part VI: MISCELLANEOUS
- Directions and guidance
- 62Provision of directions and guidance to district councils
- Information
- 63Publication of information to assist landlords and tenants
- 64Collection of information about tenancies
- 65Information as to ownership of dwelling-houses
- Notices, etc.
- 66Service of notices on landlord’s agents
- 67Method of serving certain documents
- Offences
- 68Prosecution of offences
- General
- 69Defective premises
- 70Prohibition of agreements excluding Order
- 71Application to Crown property
- Supplemental
- 72Regulations
- 73Further provision
- 74Minor and consequential amendments
- 75Repeals
- Signature
- Schedule 1: THE RENT OFFICER AND RENT ASSESSMENT COMMITTEES
- The rent officer
- 1Paragraph 1
- 2Paragraph 2
- Rent assessment committees
- 3Paragraph 3
- 4Paragraph 4
- Remuneration and support services
- 5Paragraph 5
- 6Paragraph 6
- Schedule 2: CONSIDERATION OF DETERMINATIONS BY RENT ASSESSMENT COMMITTEES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 3: CALCULATION OF AMOUNT OF RATES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 4: MINOR AND CONSEQUENTIAL AMENDMENTS
- The Land Registration Act (Northern Ireland) 1970 (c. 18)
- 1Paragraph 1
- The Rent Order
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- The Housing (Northern Ireland) Order 1981 (NI 3)
- 8Paragraph 8
- The Housing (Northern Ireland) Order 1983 (NI 15)
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- The Ombudsman (Northern Ireland) Order 1996 (NI 8)
- 12Paragraph 12
- The Housing (Northern Ireland) Order 2003 (NI 2)
- 13Paragraph 13
- 14Paragraph 14
- Schedule 5REPEALS
- Explanatory note