Article 3 Meaning of “private tenancy”

–

(1)

In this Order “private tenancy”–

(a)

means any tenancy of a dwelling-house except–

(i)

a fee farm grant, or

(ii)

any of the tenancies described in paragraph (2); and

(b)

includes, except where the context otherwise requires, a protected tenancy and a statutory tenancy.

(2)

Those tenancies are–

(a)

a tenancy for a term certain exceeding 99 years, unless that tenancy is, or may become, terminable before the end of that term by notice given to the tenant;

(b)

a tenancy under which the estate of the landlord belongs to–

(i)

the Crown (whether in right of Her Majesty’s Government in the United Kingdom or in Northern Ireland);

(ii)

a government department;

(iii)

the Executive;

(iv)

a registered housing association;

or is held in trust for Her Majesty for the purposes of a government department; and

(c)

a tenancy the purpose of which is to confer on the tenant the right to occupy a dwelling-house for a holiday.

(3)

In paragraph (2)(b)–

(a)

“government department” includes a department of the government of the United Kingdom; and

(b)

“registered”, in relation to a housing association, means registered in the register maintained under Part II of the Housing (Northern Ireland) Order 1992 (NI 15).