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The Private Tenancies (Forms etc.) Regulations (Northern Ireland) 2007

S.R. 2007/131 · Made 5 March 2007 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2007.

LANDLORD AND TENANT

Made 5th March 2007

Coming into operation 1st April 2007

The Department for Social Development makes the following Regulations, in exercise of the powers conferred on it by Articles 34(1) and (3), 35(3) and (5), 45(2), 46(3), 49(2) and 72(1) of and paragraph 1(1) of Schedule 2 to the Private Tenancies (Northern Ireland) Order 2006f1:

Annotations to the whole text

Footnotes

f1

S.I. 2006 /1459 (N.I. 10)

Contents

  1. 1Citation, commencement and interpretation
  2. 2Forms to be used
  3. 3Particulars to be contained in the register of rents
  4. 4Revocation
  5. Signature
  6. Schedule 1: List of Forms
  7. 1Form No.
  8. 2Form No.
  9. 3Form No.
  10. 4Form No.
  11. 5Form No.
  12. 6Form No.
  13. 7Form No.
  14. 8Form No.
  15. 9aForm No.
  16. 10aForm No.
  17. 11Form No.
  18. Schedule 2
  19. FORM 1Part FORM 1
  20. NOTES
  21. FORM 2Part FORM 2
  22. NOTES
  23. FORM 3Part FORM 3
  24. NOTES
  25. FORM 4Part FORM 4
  26. FORM 5Part FORM 5
  27. FORM 6Part FORM 6
  28. FORM 7Part FORM 7
  29. FORM 8Part FORM 8
  30. FORM 9APart FORM 9A
  31. NOTES
  32. FORM 9BPart FORM 9B
  33. NOTES
  34. FORM 10APart FORM 10A
  35. NOTES
  36. FORM 10BPart FORM 10B
  37. NOTES
  38. FORM 11Part FORM 11
  39. Schedule 3: Particulars to be contained in the Register of Rents
  40. 1Paragraph 1
  41. 2Paragraph 2
  42. 3Paragraph 3
  43. 4Paragraph 4
  44. 5Paragraph 5
  45. 6Paragraph 6
  46. 7Paragraph 7
  47. 8Paragraph 8
  48. 9Paragraph 9
  49. 10Paragraph 10
  50. 11Paragraph 11
  51. 12Paragraph 12
  52. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Private Tenancies (Forms Etc.) Regulations (Northern Ireland) 2007 and shall come into operation on 1st April 2007.

(2)

In these Regulations:—

  • “appropriate rent” has the meaning assigned to it in Article 39 of the Order;

  • “controlled tenancy” has the meaning given in Article 40(4) of the Order;

  • “HMO grant” has the meaning assigned to it in Article 35(5) of the Housing (Northern Ireland) Order 2003f1;

  • “house in multiple occupation” has the meaning assigned to it in Part IV of the Housing (Northern Ireland) Order 1992f2;

  • “the Order” means the Private Tenancies (Northern Ireland) Order 2006;

  • “register” means the register of rents referred to in Article 46(1) of the Order;

  • “renovation grant” means a grant paid under Article 50 of the Housing (Northern Ireland) Order 1992, or paid or payable under Article 40 of the Housing (Northern Ireland) Order 2003.

2Forms to be usedI1

The forms set out in Schedule 2 (of which a list is set out in Schedule 1) shall be the forms to be used in the exercise of functions under the Order.

3Particulars to be contained in the register of rentsI1

The register shall contain the particulars with regard to a controlled tenancy which are set out in Schedule 3.

4RevocationI1

The Rent (Forms etc.) Regulations (Northern Ireland) 1983f1 are hereby revoked.

Signature

Sealed with the Official Seal of the Department for Social Development on 5th March 2007.

L.S.

D. M. Crothers

A senior officer of the

Department for Social Development

1Form No.I1

Application to conduct an inspection for fitness (landlord application)

2Form No.I1

Application to conduct an inspection for fitness (tenant application)

3Form No.I1

Notice of application received to inspect a dwelling-house for fitness

4Form No.I1

Certificate of fitness

5Form No.I1

Notice of refusal of application for a certificate of fitness

6Form No.I1

Notification of registration of rent of a controlled tenancy

7Form No.I1

Application for further determination of rent

8Form No.I1

Notice by rent assessment committee requiring information

9aForm No.I1

and 9b. Notice of unfitness

10aForm No.I1

and 10b. Notice of disrepair

11Form No.I1

Notice of increase in rent of a controlled tenancy

FORM 1I1

NOTES

(1)

Article 36 of the Private Tenancies (Northern Ireland) Order 2006 states that a district council shall, if an application under Article 33 is made to it, inspect a dwelling-house let under a private tenancy, (certain dwelling-houses do not require a fitness inspection — see Note 3 below), with a view to deciding if it meets the fitness standard for human habitation. A dwelling-house can be a house or a flat.

FORM 2I1

NOTES

(1)

Article 36 of the Private Tenancies (Northern Ireland) Order 2006 states that a district council shall, if an application under Article 35 is made to it, inspect a dwelling-house let under a private tenancy, (certain dwelling-houses do not require a fitness inspection — see Note 3 below), with a view to deciding if it meets the fitness standard for human habitation. The application must contain information that is sufficient in the opinion of the council to indicate that the dwelling-house may no longer be fit for human habitation. A dwelling-house can be a house or a flat.

FORM 3I1

NOTES

(1)

Article 36 of the Private Tenancies (Northern Ireland) Order 2006 states that a district council shall, if an application under Articles 33 or 35 is made to it, inspect a dwelling-house let under a private tenancy, (certain dwelling-houses do not require a fitness inspection — see Note 3 below), with a view to deciding if it meets the fitness standard for human habitation. An application made under Article 35 must contain information that is sufficient in the opinion of the council to indicate that the dwelling-house may no longer be fit for human habitation. A dwelling-house can be a house or a flat.

FORM 4I1

FORM 5I1

FORM 6I1

FORM 7I1

FORM 8I1

FORM 9AI1

NOTES

For purposes of Part III of the Private Tenancies (Northern Ireland) Order 2006 “the owner” in relation to a dwelling-house or building means the person who for the time being receives or is entitled to receive the rent of the dwelling-house or building, whether on his own account or as agent or trustee for any other person.

(Article 15)

FORM 9BI1

NOTES

For purposes of Part III of the Private Tenancies (Northern Ireland) Order 2006 “the owner” in relation to a dwelling-house or building means the person who for the time being receives or is entitled to receive the rent of the dwelling-house or building, whether on his own account or as agent or trustee for any other person.

(Article 15)

FORM 10AI1

NOTES

For purposes of Part III of the Private Tenancies (Northern Ireland) Order 2006 “the owner” in relation to a dwelling-house or building means the person who for the time being receives or is entitled to receive the rent of the dwelling-house or building, whether on his own account or as agent or trustee for any other person.

(Article 15)

FORM 10BI1

NOTES

For purposes of Part III of the Private Tenancies (Northern Ireland) Order 2006 “the owner” in relation to a dwelling-house or building means the person who for the time being receives or is entitled to receive the rent of the dwelling-house or building, whether on his own account or as agent or trustee for any other person.

(Article 15)

FORM 11I1

1I1

Address of Dwelling-house

2I1

District Council

3I1

House type

(i.e. detached, semi-detached, terraced, flat in 2 storey block, other flat)

4I1

Date of construction

5I1

Rental period covered

(i.e. Weekly/ Monthly/Quarterly)

6I1

Certificate of fitness issued/date (if applicable)

7I1

Notice of refusal/date (if applicable)

8I1

Name of tenant

9I1

Name and address of landlord

10I1

Name and address of agent (if any)

11I1

Appropriate Rent

12I1

Protected or statutory tenancy? (yes or no)

Explanatory note

(This note is not part of the Order)

These regulations, which revoke the Rent (Forms etc.) Regulations (Northern Ireland) 1983, prescribe the forms to be used for the purposes of the Private Tenancies (Northern Ireland) Order 2006.

Schedule 1 to the regulations gives a list of the forms which are specified in detail in Schedule 2. Schedule 3 specifies the information to be contained in the register of rents.

The forms contained in Schedule 2 specify the format to be used by landlords, tenants and district councils in relation to applications for fitness inspections. They also specify the format to be followed by district councils in relation to a certificate of fitness, notice of refusal, notice of unfitness, notice of disrepair and by the rent officer in relation to the registration of rents. Also specified is the form to be used by a rent assessment committee when requesting information and the form to be used in relation to rent increases and further determinations of the rents of controlled tenancies.