Paragraph 1

(1)

For the purposes of Chapter II of Part II of this Order, accommodation is suitable if it consists of premises—

(a)

which are to be let as a separate dwelling under a secure tenancy, or

(b)

which are to be let as a separate dwelling under a protected tenancy (other than one of a kind mentioned in sub-paragraph (2)) within the meaning of the Rent (Northern Ireland) Order 1978.

and, in the opinion of the court, the accommodation is reasonably suitable to the needs of the tenant and his family.

(2)

The kind of protected tenancy referred to in sub-paragraph (1) is one under which the landlord might recover possession of the dwelling-house under one of the Cases in Part II of Schedule 4 to the said Order of 1978 (cases where court must order possession).

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481

Notes on Part II

Modifications

C1: Sch. 3 Pt. II (paras. 1-3) applied by Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2)), art. 19B(5) (as inserted (31.7.2010) by Housing (Amendment) Act (Northern Ireland) 2010 (c. 9), ss. 9(3), 19(1); S.R. 2010/251, art. 2)