{
  "url": "https://openlegislation.uk/rent-northern-ireland-order-1978/article-3",
  "json_url": "https://openlegislation.uk/rent-northern-ireland-order-1978/article-3.json",
  "legislation": "nisi/1978/1050",
  "legislation_title": "Rent (Northern Ireland) Order 1978",
  "legislation_url": "https://openlegislation.uk/rent-northern-ireland-order-1978",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Protected tenancies",
  "text": "(1) A tenancy of a dwelling-house is a protected tenancy for the purposes of this Order if–\n(a) the Rent Restriction Acts applied to the dwelling-house immediately before the commencement of this Order (1st October 1978), and\n(b) the dwelling-house was, immediately after that commencement, let under that tenancy as a separate dwelling.\n(1A) A tenancy of a dwelling-house is a protected tenancy for the purposes of this Order if–\n(a) paragraph (2) applies to the dwelling-house, and\n(b) 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.\n(2) 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.\n(2A) In paragraph (2) “unregistered housing association” means a housing association, as defined in Article 3 of the Housing (Northern Ireland) Order 1992 which is not registered under Article 14 of that Order.\n(2B) 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.\n(3) 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.\n(3A) For the purposes of this Article, a dwelling-house may be a house or part of a house.\n(4) 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.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "1983 NI 15"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "1992 NI 15"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisi/1978/1050/article/3",
    "retrieved_at": "2026-10-29T04:53:01.558019+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}