Rent (Northern Ireland) Order 1978

• Citation: S.I. 1978/1050 (N.I.)
• Sections: 114

Section 1 Title and commencement

This Order may be cited as the Rent (Northern Ireland) Order 1978 … Commencement …

Section 2 Interpretation

(1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“commencement of this Order” means the date on which the provision of this Order in which that expression occurs comes into operation;

“the Department” means the Department of the Environment;

“dwelling-house” includes part of a house;

“the Executive” means the Northern Ireland Housing Executive;

“government department” includes a department of the Government of the United Kingdom;

“the Housing Acts” means the Housing Acts (Northern Ireland) 1890 to 1977;

“the landlord” includes any person from time to time deriving title under the original landlord and also includes, in relation to any dwelling-house, any person other than the tenant who is, or but for Part III would be, entitled to possession of the dwelling-house;

“let” includes sub-let;

“net annual value” means the net annual value under the Rates (Northern Ireland) Order 1977 ;

“prescribed” means prescribed by regulations made by the Department;

“private tenancy” means any tenancy except—

a tenancy under which the estate of the landlord belongs to—

the Crown (whether in right of Her Majesty's Government in the United Kingdom or in Northern Ireland);

a government department;

the Executive;

a registered housing association;

or is held in trust for Her Majesty for the purposes of a government department;

a tenancy the purpose of which is to confer on the tenant the right to occupy a dwelling-house for a holiday;

“protected tenancy” has the meaning assigned by Article 3(1);

“Public Health Acts” means the Public Health Acts (Northern Ireland) 1878 to 1967;

Definition rep. by 1985 NI 15

“rates” means the regional rate and the district rate;

“registered”, in relation to a housing association, means registered in the register maintained under Part VII of the Housing (Northern Ireland) Order 1981 ;

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“rent” does not include any sum payable on account of rates;

“Rent Restriction Acts” means the Rent and Mortgage Interest (Restriction) Acts (Northern Ireland) 1920 to 1932 or Part II of the Rent and Mortgage Interest (Restrictions) Act (Northern Ireland) 1940 ;

“rental period” means a period in respect of which a payment of rent falls to be made;

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“statutory tenant” shall be construed in accordance with Article 4(5);

“tenancy” includes a statutory tenancy;

“tenant” includes a statutory tenant and also includes a sub-tenant and any person deriving title under the original tenant or sub-tenant.

Section 3 Protected tenancies

(1) A tenancy of a dwelling-house is a protected tenancy for the purposes of this Order if–

(a) the Rent Restriction Acts applied to the dwelling-house immediately before the commencement of this Order (1st October 1978), and

(b) the dwelling-house was, immediately after that commencement, let under that tenancy as a separate dwelling.

(1A) A tenancy of a dwelling-house is a protected tenancy for the purposes of this Order if–

(a) paragraph (2) applies to the dwelling-house, and

(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.

(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.

(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 .

(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.

(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.

(3A) For the purposes of this Article, a dwelling-house may be a house or part of a house.

(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.

Section 4 Statutory tenants and tenancies

(1) After the termination of a protected tenancy of a dwelling-house the person who, immediately before that termination, was the protected tenant of the dwelling-house shall, if and so long as he occupies the dwelling-house as his residence, be the statutory tenant of it.

(2) Schedule 1 shall have effect for determining what person (if any) is the statutory tenant of a dwelling-house . . . after the death of a person who, immediately before his death, was either a protected tenant of the dwelling-house or the statutory tenant of it by virtue of paragraph (1) or (5).

(3) In paragraph (1) and in Schedule 1, the phrase “if and so long as he occupies the dwelling-house as his residence” shall be construed as requiring the fulfilment of the same, and only the same, qualifications (whether as to residence or otherwise) as had to be fulfilled before the commencement of this Order to entitle a tenant, within the meaning of the Rent Restriction Acts, to retain possession, by virtue of those Acts and not by virtue of a tenancy, of a dwelling-house to which those Acts applied.

(4) A person who becomes a statutory tenant of a dwelling-house as mentioned in paragraph (1) is, in this Order, referred to as a statutory tenant by virtue of his previous protected tenancy, and a person who becomes a statutory tenant as mentioned in paragraph (2) is, in this Order, referred to as a statutory tenant by succession.

(5) In this Order—

(a) any reference to a statutory tenant by virtue of his previous protected tenancy shall be deemed to include a reference to a person—

(i) who has been the tenant under a tenancy of a dwelling-house to which the Rent Restriction Acts applied immediately before the commencement of this Order; and

(ii) who has retained possession of that dwelling-house by virtue of those Acts and is in possession of that dwelling-house immediately before that commencement;

(b) any reference to a statutory tenant by succession shall be deemed to include a reference to a tenant of a dwelling-house to which the Rent Restriction Acts applied immediately before the commencement of this Order whose right to retain possession of that dwelling-house by virtue of the Acts arose on the death of either—

(i) a person who had been the tenant under a tenancy of the dwelling-house and had retained possession of that dwelling-house by virtue of the Rent Restriction Acts; or

(ii) a person who became the tenant of the dwelling-house after the death of such a person as is mentioned in head (i),

and “statutory tenant” shall be construed accordingly.

(6) In this Order a dwelling-house is referred to as subject to a statutory tenancy when there is a statutory tenant of it.

Section 5 Application to new tenancies

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Section 7 Restricted and regulated tenancies

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Section 8 Restricted and regulated rent certificates

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Section 9 Conversion of restricted tenancies

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Section 10 Ancillary provisions as to applications under Articles 8 and 9

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Section 11 Appeal to county court

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Section 12 Premises with a business use

(1) Subject to paragraph (2), the fact that part of the premises comprised in a dwelling-house is used as a shop or office or for business, trade or professional purposes shall not prevent the dwelling-house from being let on a protected tenancy or subject to a statutory tenancy.

(2) Paragraphs (3) to (5) apply, subject to paragraph (6), where, immediately before the commencement of this Order, part ( “the non-residential part”) of a house to which the Rent Restriction Acts applied was used as a shop or office or for business, trade or professional purposes.

(3) Where it is possible to enter the part of the house used as a dwelling (“the residential part”) without passing through the non-residential part, Articles 3 and 4 shall apply only to the residential part.

(4) Where it is possible to enter the residential part only by passing through the non-residential part, Articles 3 and 4 shall apply to the entire house.

(5) In the application of Article 7(2) as respects any such house as is referred to in paragraph (2), the non-residential part shall be left out of account.

(6) A tenancy of a dwelling-house which consists of or comprises premises licensed for the sale of intoxicating liquors for consumption on the premises shall not be a protected tenancy, nor shall such a dwelling-house be the subject of a statutory tenancy.

Para. (7) rep. by 1996 NI 5

Section 13 Grounds for possession of certain dwelling-houses

(1) Subject to the following provisions of this Part, a court shall not make an order for possession of a dwelling-house which is for the time being let on a protected tenancy or subject to a statutory tenancy unless the court considers it reasonable to make such an order and either—

(a) the court is satisfied that suitable alternative accommodation is available for the tenant or will be available for him when the order in question takes effect, or

(b) the circumstances are as specified in any of the Cases in Part I of Schedule 4.

(2) If, apart from paragraph (1), the landlord would be entitled to recover possession of a dwelling-house which is for the time being let on a protected tenancy or subject to a statutory tenancy, the court shall make an order for possession if the circumstances of the case are as specified in any of the Cases in Part II of Schedule 4.

(3) Part III of Schedule 4 shall have effect in relation to Case 8 in that Schedule.

(4) Part IV of Schedule 4 shall have effect for determining whether, for the purposes of paragraph (1)( a ), suitable alternative accommodation is or will be available for a tenant.

(5) Part V of Schedule 4 shall have effect for the purpose of setting out the conditions which are relevant to Cases 11, 12 and 18 of that Schedule.

Section 14 Extended discretion of court in claims for possession of certain dwelling-houses

(1) Subject to paragraph (5), a court may adjourn, for such period or periods as it thinks fit, proceedings for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy.

(2) On the making of an order for possession of such a dwelling-house or at any time before the enforcement of such an order (whether made before or after the commencement of this Order), the court, subject to paragraph (5), on the application of the tenant or of the tenant's spouse or civil partner if that spouse or civil partner is occupying the dwelling-house as his or her residence, may—

(a) stay or suspend enforcement of the order, or

(b) postpone the date of possession,

for such period or periods as the court thinks fit.

(3) On any such adjournment as is referred to in paragraph (1) or any such stay, suspension or postponement as is referred to in paragraph (2), the court shall, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after termination of the tenancy (mesne profits) and may impose such other conditions as it thinks fit.

(4) If any such conditions as are referred to in paragraph (3) are complied with, the court may, if it thinks fit, discharge or rescind any such order as is referred to in paragraph (2).

(4A) Paragraph (4B) applies in any case where—

(a) proceedings are brought for possession of a dwelling house which is let on a protected tenancy or subject to a statutory tenancy;

(b) the tenant's spouse or former spouse, or civil partner or former civil partner, having home rights under the Family Homes and Domestic Violence (Northern Ireland) Order 1998 , is then in occupation of the dwelling house; and

(c) the tenancy is, or may be, terminated as a result of those proceedings.

(4B) In any case to which this paragraph applies, the spouse or former spouse , or the civil partner or former civil partner, shall, so long as he or she remains in occupation, have the same rights in relation to, or in connection with, any such adjournment as is referred to in paragraph (1) or any such stay, suspension or postponement as is referred to in paragraph (2), as he or she would have if those home rights were not affected by the termination of the tenancy.

(4C) Paragraph (4D) applies in any case where—

(a) proceedings are brought for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy;

(b) an order is in force under Article 13 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 conferring rights on the former spouse or former civil partner of the tenant or an order is in force under Article 14 of that Order conferring rights on a cohabitee or former cohabitee (within the meaning of that Order) of the tenant;

(c) that former spouse, former civil partner, cohabitee or former cohabitee is then in occupation of the dwelling-house; and

(d) the tenancy is or may be terminated as a result of those proceedings.

(4D) In any case to which this paragraph applies, the former spouse, former civil partner, cohabitee or former cohabitee shall, so long as he or she remains in occupation, have the same rights in relation to, or in connection with, any such adjournment as is referred to in paragraph (1) or any such stay, suspension or postponement as is referred to in paragraph (2), as he or she would have if the rights conferred by the order referred to in paragraph (4C)(b) were not affected by the termination of the tenancy.

(5) Paragraphs (1) to (4D) shall not apply if the circumstances are as specified in any of the Cases in Part II of Schedule 4.

Section 15 Terms and conditions of statutory tenancies

(1) So long as he retains possession, a statutory tenant shall observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as they are consistent with this Order.

(2) A statutory tenant of a dwelling-house shall be entitled to give up possession of the dwelling-house only—

(a) if he gives such notice as would have been required under the original contract of tenancy, or

(b) if no notice would have been so required, on giving not less than four weeks' notice.

(3) Notwithstanding anything in the contract of tenancy, a landlord who obtains an order for possession of a dwelling-house as against a statutory tenant shall not be required to give the statutory tenant any notice to quit.

Section 16 Payments demanded by protected or statutory tenants as a condition of giving up possession

(1) A protected or statutory tenant of a dwelling-house who, as a condition of giving up possession of the dwelling-house, asks for or receives the payment of any sum, or the giving up of any other consideration, by any person other than the landlord, shall be guilty of an offence and liable to a fine not exceeding £500 .

(2) Where a protected or statutory tenant of a dwelling-house requires that furniture or other articles shall be purchased as a condition of his giving up possession of the dwelling-house—

(a) the price demanded shall, at the request of the person on whom the demand is made, be stated in writing, and

(b) if the price exceeds the reasonable price of the articles, the excess shall be treated, for the purposes of paragraph (1), as a sum asked to be paid as a condition of giving up possession.

(3) The court by which a person is convicted of an offence under this Article may order the payment—

(a) to the person who made any such payment, or gave any such consideration, as is referred to in paragraph (1), of the amount of that payment or the value of that consideration, or

(b) to the person who paid any such price as is referred to in paragraph (2)( a ), of the amount by which the price paid exceeds the reasonable price.

Section 17 Change of statutory tenant by agreement

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Section 18 No pecuniary consideration to be required on change of tenant under Article 17

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Section 19 Determination of sub-tenancies

Where–

(a) the whole or part of a dwelling-house–

(i) let on a protected tenancy, or

(ii) subject to a statutory tenancy,

is sub-let; and

(b) after the commencement of Article 59 of the Private Tenancies (Northern Ireland) Order 2006 the landlord becomes entitled, as against the tenant, to possession of the dwelling-house;

the landlord shall also be entitled to possession against the sub-tenant.

Section 20 Compensation for misrepresentation or concealment

Where in such circumstances as are specified in any Case in Schedule 4—

(a) a landlord obtains an order for possession of a dwelling-house let on a protected tenancy or subject to a statutory tenancy; and

(b) it is subsequently made to appear to the court that the order was obtained by misrepresentation or concealment of material facts,

the court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order.

Section 21 Limit of rent under regulated tenancies

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Section 22 Ancillary provisions as to notices of increase

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Section 23 Recovery from landlord of sums paid in excess of recoverable rent, etc.

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Section 24 Interpretation of Part IV

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Section 25 Register of rents

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Section 25A Amounts attributable to services

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Section 25B Removal of tenancies from the register

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Section 26 Application for registration of rent

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Section 27 Applications to rent assessment committee

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Section 28 Rent assessment committees: constitution, etc.

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Section 29 Recoupment of rates, etc. from tenants

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Section 30 Effect of registration of rent

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Section 31 Application for determination of appropriate rent following change in condition of dwelling-houses, etc.

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Section 32 Applications for determination of future rent

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Section 33 Review of registered rents

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Section 34 Collection of information about certain tenancies

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Section 35 Offences under Part V

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Section 36 Rents of restricted tenancies

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Section 37 Recovery from landlord of sums paid in excess of recoverable rent, etc.

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Section 38 Rent books for private tenancies

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Section 39 Offences under Article 38

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Section 40 Provisions applied to regulated tenancies

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Section 41 Landlord's duties to repair, etc. under regulated tenancy

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Section 42 Care of premises by tenant under regulated tenancy

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Section 43 Landlord's obligations under regulated tenancy of parts of building

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Section 44 General qualifications on landlord's duties

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Section 45 Standard of repair and knowledge of disrepair

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Section 46 Certificates of disrepair

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Section 47 Appeals in relation to certificates of disrepair

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Section 48 Enforcement, etc. of certificates of disrepair

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Section 49 Prohibition of premiums and loans on renewal , etc. of protected tenancies

(1) Any person who, as a condition of the . . . renewal or continuance of a protected tenancy, requires, in addition to the rent, the payment of any premium or the making of any loan (whether secured or unsecured) shall be guilty of an offence under this Article.

(2) Any person who, in connection with the . . . renewal or continuance of a protected tenancy, receives any premium, or any loan, in addition to the rent, shall be guilty of an offence under this Article.

(3) A person guilty of an offence under this Article shall be liable to a fine not exceeding £1,000.

(4) The court by which a person is convicted of an offence under the provisions of this Article relating to requiring or receiving any premium may order the amount of the premium to be repaid to the person by whom it was paid.