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The Private Tenancies (Northern Ireland) Order 2006

2006/1459 · Made 7 June 2006 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2025.

NORTHERN IRELAND

Made 7th June 2006

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

At the Court at Buckingham Palace, the 7th day of June 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. 4ATenant to be given notice regarding certain matters: grant of tenancy
  8. 4BTenant to be given notice regarding certain matters: variation of certain terms
  9. 4CContinued failure by landlord to provide notice under Article 4A or 4B after conviction or fixed penalty
  10. 4Tenant to be given notice regarding certain matters Repealed
  11. 5Tenant to be provided with a rent receipt for payment in cash
  12. 5ZAContinued failure by landlord to provide rent receipt after conviction or fixed penalty
  13. 5ZBControlled tenancies: defence to offences under Articles 5 and 5ZA
  14. Limit on tenancy deposit amount
  15. 5ZCTenancy deposit limit of 1 month’s rent
  16. 5ZDBreach of tenancy deposit limit: recoverability of excess
  17. Tenancy deposit schemes
  18. 5ATenancy deposit schemes
  19. 5BRequirements relating to tenancy deposits
  20. Rent decreases
  21. 5CRent decreases
  22. Rent increases
  23. 5DRestriction on frequency of rent increases
  24. 5ERequirement to give written notice of increase
  25. Repair and maintenance
  26. 6Application of Articles 7 to 11
  27. 7Landlord's duties to repair
  28. 8Care of premises by tenant
  29. 9Landlord's obligations under private tenancy of parts of building
  30. 10General qualifications on landlord's duties
  31. 11Standard of repair and knowledge of disrepair
  32. 11AApplication of Articles 11B to 11F
  33. 11BLandlord’s duties: fire, smoke and carbon monoxide alarms
  34. 11CTenant’s duties: fire, smoke and carbon monoxide alarms
  35. 11DLandlord’s duties: private tenancy of part of a building
  36. 11EGeneral qualification on landlord’s duties
  37. 11FKnowledge of disrepair
  38. Energy efficiency
  39. 11GEnergy efficiency of dwelling-houses let under a private tenancy
  40. 11HPrivate tenancy energy efficiency regulations: power to create offences
  41. Electrical safety standards
  42. 11IElectrical safety standards for dwelling-houses let under a private tenancy
  43. 11JElectrical safety standards regulations: power to create an offence
  44. 11KElectrical safety standards regulations: other enforcement
  45. Inspection, etc. of premises
  46. 12Entry and inspection of premises
  47. Duration of private tenancies
  48. 13Tenancies to be for a term certain
  49. 14Length of notice to quit : by landlords
  50. 14ALength of notice to quit: by tenants
  51. Part III: UNFITNESS AND DISREPAIR
  52. Introductory
  53. 15Interpretation: Part III
  54. 16Application of this Part
  55. 17Determining fitness for human habitation
  56. Notices
  57. 18Notice of unfitness
  58. 19Notice of disrepair
  59. 20Matters to be taken into consideration by appropriate district council
  60. 21Consultation with the Executive
  61. 22Appeal against notice of unfitness or notice of disrepair
  62. 23Operative date of notice of unfitness or notice of disrepair
  63. Enforcement
  64. 24Offence of failing to comply with notice of unfitness or notice of disrepair
  65. 25Enforcement of notice of unfitness or notice of disrepair
  66. 26Power to require payment for enforcement action
  67. 27Power to enter dwelling-houses
  68. 28Obstruction
  69. Repairs grants
  70. 29Repairs grants
  71. Part IV: CERTIFICATES OF FITNESS AND RENT CONTROL
  72. Chapter I: INTRODUCTORY
  73. 30Interpretation: Part IV
  74. 31Meaning of “prescribed dwelling-house”
  75. Chapter II: CERTIFICATES OF FITNESS
  76. 32Interpretation: Chapter II
  77. 33Landlord's application to have dwelling-house inspected
  78. 34Landlord's application: ancillary provisions
  79. 35Tenant's application to have dwelling-house inspected
  80. 36Functions of the appropriate district council
  81. 37Appeal to county court
  82. 38Cessation of certificate of fitness
  83. Chapter III: TENANCIES SUBJECT TO RENT CONTROL
  84. Introductory
  85. 39Interpretation: Chapter III
  86. 40Tenancies subject to rent control
  87. Functions of the rent officer and rent assessment committees
  88. 41The rent officer and rent assessment committees
  89. 42Determination of an appropriate rent
  90. 43Procedure after determination
  91. 44Consideration by a rent assessment committee
  92. 45Change of circumstances
  93. 45APower to amend Articles 42 to 45
  94. The register of rents
  95. 46The register of rents
  96. 47Removal of tenancies from the register of rents
  97. The rent limit
  98. 48The rent limit
  99. 49Increase of rent
  100. 50Rent in excess of rent limit to be irrecoverable by landlord
  101. 51Recoupment of sums paid in excess of rent limit
  102. 52Recoupment where landlord in default
  103. 53Recoupment of rates, etc. from tenants
  104. 54Amounts attributable to services
  105. Rent review
  106. 55Review of registered rents
  107. Part V: AMENDMENTS OF THE RENT ORDER
  108. 56Tenancies which are protected tenancies
  109. 57No further protected tenancies
  110. 58Premises with a business use
  111. 59Assignment and sub-letting
  112. 60Unlawful eviction, etc.
  113. 61Restriction of statutory tenancy by succession
  114. Part VI: MISCELLANEOUS
  115. Directions and guidance
  116. 62Provision of directions and guidance to district councils
  117. Information
  118. 63Publication of information to assist landlords and tenants
  119. 64Collection of information about tenancies
  120. 64ADisclosure of information for purposes of Parts 2 to 4
  121. 64BUnauthorised disclosure of information
  122. 65Information as to ownership of dwelling-houses
  123. Registration of landlords
  124. 65ARegistration of landlords
  125. Notices, etc.
  126. 66Service of notices on landlord's agents
  127. 67Method of serving certain documents
  128. Offences
  129. 68Prosecution of offences
  130. 68AFixed penalty for certain offences
  131. General
  132. 69Defective premises
  133. 70Prohibition of agreements excluding Order
  134. 71Application to Crown property
  135. Supplemental
  136. 72Regulations
  137. 73Further provision
  138. 74Minor and consequential amendments
  139. 75Repeals
  140. Signature
  141. Schedule 1: THE RENT OFFICER AND RENT ASSESSMENT COMMITTEES
  142. Part: The rent officer
  143. 1Paragraph 1
  144. 2Paragraph 2
  145. Part: Rent assessment committees
  146. 3Paragraph 3
  147. 4Paragraph 4
  148. Part: Remuneration and support services
  149. 5Paragraph 5
  150. 6Paragraph 6
  151. Schedule 2: CONSIDERATION OF DETERMINATIONS BY RENT ASSESSMENT COMMITTEES
  152. 1Paragraph 1
  153. 2Paragraph 2
  154. 3Paragraph 3
  155. 4Paragraph 4
  156. Schedule 3: CALCULATION OF AMOUNT OF RATES
  157. 1Paragraph 1
  158. 2Paragraph 2
  159. 3Paragraph 3
  160. 4Paragraph 4
  161. 5Paragraph 5
  162. 6Paragraph 6
  163. Schedule 4: MINOR AND CONSEQUENTIAL AMENDMENTS
  164. Part: The Land Registration Act (Northern Ireland) 1970 (c. 18)
  165. 1Paragraph 1
  166. Part: The Rent Order
  167. 2Paragraph 2
  168. 3Paragraph 3
  169. 4Paragraph 4
  170. 5Paragraph 5
  171. 6Paragraph 6
  172. 7Paragraph 7
  173. Part: The Housing (Northern Ireland) Order 1981 (NI 3)
  174. 8Paragraph 8
  175. Part: The Housing (Northern Ireland) Order 1983 (NI 15)
  176. 9Paragraph 9
  177. 10Paragraph 10
  178. 11Paragraph 11
  179. Part: The Ombudsman (Northern Ireland) Order 1996 (NI 8)
  180. 12Paragraph 12 Repealed
  181. Part: The Housing (Northern Ireland) Order 2003 (NI 2)
  182. 13Paragraph 13
  183. 14Paragraph 14
  184. Schedule 5REPEALS
  185. Explanatory note