Housing
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Private Rented Housing
The Private Tenancies (Northern Ireland) Order 2006
The Private Tenancies (Northern Ireland) Order 2006 came into effect on 1 April 2007 and provided a new structure for the private rented sector in Northern Ireland.
Some of the main features of this are:
- New tenancies will be defined according to their fitness for human habitation – an unfit tenancy will be subject to rent control until it is made fit
- District Councils will inspect tenancies for fitness and will be given new powers to ensure that unfitness and serious disrepair are addressed.
- Controlled rents will be based on a number of factors including the condition of the property, the equivalent Housing Executive rent for a similar dwelling and the general level of rents in the area.
- Restricted and regulated tenancies will retain their protection. Existing tenants will have a tenancy for life but there will only be one further succession possible rather than two as at present.
- There will be no more protected tenancies. On vacancy, all currently protected tenancies will be decontrolled. If the property is rented out subsequently, the rent will not be subject to control, as long as the property is fit. As a result, whether a tenancy is furnished or unfurnished will cease to have any significance.
- As well as having rent books, new tenants will have to be supplied with a written statement of the terms of their tenancy. Where a tenancy agreement fails to clarify repairing obligations, the law will provide default terms.
Purpose
The new system will reward the efforts of landlords who wish to provide good quality housing for their tenants and remove restrictions which would hamper the development of good quality, privately rented housing. Protected tenants will retain their security of tenure.
Impact of Private Tenancies Order on Existing Registered Regulated Tenancies
The provisions of the Rent Order which allow for annual increases (Article 33) was repealed on 1 April 2007. As a result the current registered rent for regulated tenancies will not change. For any increase to be applied after 1 April 2007, a landlord must apply to the Rent Officer for Northern Ireland under the new provisions of the Private Tenancies Order 2006.
IF A TENANCY IS CURRENTLY REGISTERED AS REGULATED AND:
- Was built after 1945, or
- Had a regulated rent certificate issued within the past 10 years, or
- Had a renovation grant paid by the Housing Executive within the past 10 years, or
- Had an HMO grant paid within the past 10 years
NO FITNESS INSPECTION IS REQUIRED AND THE LANDLORD CAN APPLY DIRECT TO THE Rent Officer to set a new rent.
IF A CURRENT REGULATED TENANCY DOES NOT FALL INTO ONE OF THE ABOVE CATEGORIES, the landlord can still apply direct to the Rent Officer but the new rent determined will be based on the assumption that the property does not meet the fitness standard. In order to maximise the rent that can be charged, the landlord will need to apply to the district council for a fitness inspection after 1 April 2007. Landlords should contact their district council environmental health department for further information.
Fitness Inspections
Article 36 of the Private Tenancies (Northern Ireland) Order 2006 states that a district council shall, if an application under Article 33 is made to it, inspect a dwelling-house let under a private tenancy, (certain dwelling-houses do not require a fitness inspection) with a view to deciding if it meets the fitness standard for human habitation. A dwelling-house can be a house or a flat.
Protected and statutory tenancies
Protected and statutory tenancies are always subject to rent control. In the absence of a rent determination under the Private Tenancies (NI) Order 2006, the rent of a protected or statutory tenancy remains fixed at the level payable under the Rent (Northern Ireland) Order 1978.
The following dwelling-houses do not require a fitness inspection
(a) a dwelling-house let under a tenancy which began before the commencement of the Private Tenancies (NI) Order 2006; or
(b) a dwelling-house which was built after 1 January 1945; or
(c) a dwelling-house where a renovation grant has been paid by the Housing Executive, but only for a period of 10 years from the date of the grant; or
(d) a dwelling-house where an HMO grant has been paid by the Housing Executive, but only for a period of 10 years from the date of the grant; or
(e) a dwelling-house which is a house in multiple occupation currently registered with the Housing Executive; or
(f) a dwelling-house formerly let under a protected or statutory tenancy where a regulated rent certificate has been issued, but only for a period of 10 years from the date of the certificate.
The fitness standard for human habitation
The Council will issue a certificate of fitness if it is satisfied that the dwelling-house meets the fitness standard for human habitation as set out in Article 46 of the Housing (NI) Order 1981. A dwelling house meets this standard if:-
(a) it is structurally stable;
(b) it is free from serious disrepair;
(c) it is free from dampness prejudicial to the health of the occupants;
(d) it has adequate provision for lighting, heating and ventilation;
(e) it has an adequate piped supply of wholesome water;
(f) there are satisfactory facilities in the house for the preparation and cooking of food, including a sink with a satisfactory supply of hot and cold water;
(g) it has a suitably located water-closet for the exclusive use of the occupants;
(h) it has, for the exclusive use of the occupants (if any), a suitably located fixed bath or shower and wash-hand basin each of which is provided with a satisfactory supply of hot and cold water; and
(i) it has an effective system for the draining of foul, waste and surface water.
If a certificate of fitness is issued
In the case of protected and statutory tenancies, the Rent Officer for Northern Ireland will determine an appropriate rent, taking into account the fitness of the dwelling-house. In the case of all other tenancies, the rent for a tenancy which meets the fitness standard for human habitation is a matter for agreement between landlord and tenant.
If a notice of refusal is issued
If the Council is not satisfied that the dwelling-house meets the fitness standard for human habitation it will give the landlord notice of its refusal of his application. A copy of this will be sent to the tenant (if any). This notice will state the reasons for refusal, and will also indicate the works which in the opinion of the Council will be necessary for the dwelling-house to meet the fitness standard for human habitation. In all cases, tenancies will be subject to rent control. An appropriate rent will be set by the Rent Officer for Northern Ireland. This rent will be the maximum which can be charged until the dwelling
is brought up to the fitness standard for human habitation and a certificate of fitness is issued by the district council.
Repairing obligations
The Private Tenancies (NI) Order 2006 does not alter the repairing obligations of landlord and tenant where these are clearly set out in the tenancy agreement. However, where this is not the case, the Order imposes default terms. These are set out in Articles 7 to 11 of the Order but can be summarised as follows:
Landlord’s obligations
- Structural and exterior repairs (including gutters, drains etc, and external paintwork)
- Internal repairs other than those listed under tenant’s obligations
- Repair and maintenance of gas, water, electric, sanitation and heating installations
- Repair and maintenance of any fixtures, fitting and furnishings provided under the tenancy
Tenant’s obligations
- General care of the premises
- Repair of any damage caused by the tenant, his household or his visitors
- Internal decoration
If you are a landlord or tenant and would like more information regarding The private tenancies Order, please contact the Borough Services Directorate Tel 028 2766 0257 or email privatetenancies@ballymoney.gov.uk
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