Article 3 Protected tenancies
Northern Ireland
A tenancy of a dwelling-house is a protected tenancy for the purposes of this Order if–
the Rent Restriction Acts applied to the dwelling-house immediately before the commencement of this Order (1st October 1978), and
the dwelling-house was, immediately after that commencement, let under that tenancy as a separate dwelling.
A tenancy of a dwelling-house is a protected tenancy for the purposes of this Order if–
paragraph (2) applies to the dwelling-house, and
the dwelling-house was, immediately before the commencement of Article 56 of the Private Tenancies (Northern Ireland) Order 2006, let under that tenancy as a separate dwelling.
This paragraph applies to a dwelling-house let by an unregistered housing association if, immediately before the commencement of Part V of the Housing (Northern Ireland) Order 1983, this Order applied to such a dwelling-house, or would have so applied if the landlord had not been an unregistered housing association.
In paragraph (2) “unregistered housing association” means a housing association, as defined inF3 Article 3 of the Housing (Northern Ireland) Order 1992 which is not registered under Article 14 of that Order.
A tenancy of a dwelling-house is a protected tenancy for the purposes of this Order if, immediately before the commencement of Article 56 of the Private Tenancies (Northern Ireland) Order 2006, that tenancy was a protected tenancy by virtue of Article 5 of this Order.
If any question arises in any proceedings whether the Rent Restriction Acts applied to a dwelling-house immediately before the commencement of this Order, it shall be deemed to be a dwelling-house to which those Acts applied unless the contrary is shown.
For the purposes of this Article, a dwelling-house may be a house or part of a house.
In this Order “protected tenancy” does not include a fee farm grant or a tenancy granted for a term certain exceeding ninety-nine years, unless that tenancy is, or may become, terminable before the end of that term by notice given to the tenant.
Annotations
Textual amendments
- F1
Art. 3(1)(1A) substituted (1.4.2007) for art. 3(1) by Private Tenancies (Northern Ireland) Order 2006 (S.I. 2006/1459 (N.I. 10)), arts. 1(3), 56(2); S.R. 2006/428, art. 3(b)
- F2
- F3
- F4
Art. 3(2B) inserted (1.4.2007) by Private Tenancies (Northern Ireland) Order 2006 (S.I. 2006/1459 (N.I. 10)), arts. 1(3), 56(3); S.R. 2006/428, art. 3(b)
- F5
Art. 3(3A) inserted (1.4.2007) by Private Tenancies (Northern Ireland) Order 2006 (S.I. 2006/1459 (N.I. 10)), arts. 1(3), 56(4); S.R. 2006/428, art. 3(b)
Notes on the whole Order
Textual amendments
- F1
functions transf. by SR 1999/481
Notes on Part II
Textual amendments
- F1
Heading of Pt. II substituted (1.4.2007) by Private Tenancies (Northern Ireland) Order 2006 (S.I. 2006/1459 (N.I. 10)), arts. 1(3), 74, Sch. 4 para. 2; S.R. 2006/428, art. 3(b)(c)