Article 5ZB Controlled tenancies: defence to offences under Articles 5 and 5ZAF1
This Article applies where, in the case of a controlled tenancy (within the meaning given by Article 40(4)), a payment in cash was made in respect of rent for the tenancy.
If—
a person is charged with an offence under Article 5(7) and a qualifying receipt was provided in accordance with Article 5(5), or
a person is charged with an offence under Article 5ZA(3) and a qualifying receipt was provided at any time before the end of the period of 14 days mentioned in Article 5ZA(3) (including before the fixed penalty notice was given),
paragraph (6) applies.
A receipt is a qualifying receipt for the purposes of paragraph (2) if—
it complies with Article 5(2)(a), (b) and (c),
it complies with Article 5(2)(d) and (e) in respect of any payment, other than the rent, that was included in the sum paid, and
either condition A or condition B is met.
Condition A is that—
after the cash payment, no further amount in respect of rent in fact remained outstanding,
the receipt stated that there was an amount outstanding, and
that amount consists wholly of a sum that is irrecoverable by virtue of Article 50(1).
Condition B is that—
after the cash payment, an amount in respect of rent in fact remained outstanding (“the true arrears”),
the receipt stated as outstanding an amount that was more than the true arrears, and
the difference between the stated amount and the true arrears consists wholly of a sum that is irrecoverable by virtue of Article 50(1).
It is a defence to the offence under Article 5(7) or (as the case may be) Article 5ZA(3) for the person charged to prove that the landlord (or former landlord) had a bona fide claim that the sum mentioned in paragraph (4)(c) or (5)(c) was recoverable.
Annotations
Textual amendments
- F1
Arts. 5-5ZB substituted for art. 5 (1.4.2023) by Private Tenancies Act (Northern Ireland) 2022 (c. 20), ss. 3(2), 14(7); S.R. 2023/20, art. 2, Sch.