Older Protected Tenancies

As of April 1st, 2007, no new tenancy of a dwellinghouse can be a protected or statutory tenancy. Existing tenancies retain their status and protections. Protected and statutory tenancies are subject to rent control. The tenant generally has security of tenure for life. The tenancy may potentially be passed to a family member on death.

A protected tenancy is one where the original tenancy is in place and is current. Thereafter, a tenancy may become a statutory tenancy. This may arise where the original tenancy has ended in circumstances where protection arises or where the original tenant has died during the tenancy and the tenancy is transferred to a successor. For practical purposes, there is little distinction between a statutory and protected tenancy.

Most protected tenancies are registered. However, the fact of non-registration does not preclude the tenancy established being protected.

Qualification is based on the net annual valuation as of 1978. This would remain substantially unchanged unless there are substantial alterations and improvements.

Generally, a tenancy of a dwelling house may be protected if it commenced before April 1st, 2007, the house was built or converted prior to 1956, and the property was first let before 1978. The property need not be in a single tenancy since 1978.

Certain tenancies in the above category are not subject to protection. If the net annual valuation is over £140, and the landlord has had vacant possession since 1978, protection may not apply.

Protection may also not apply if the property is owned by the Crown, a Government Department, or the Housing Executive as of October 1978, or if the tenancy is tied to a job, such as a caretaker’s residence, or if the property included a substantial amount of land prior to 1978.

The owners and landlord must show the property is not subject to the above protection and qualifies for exemptions.

Protected tenancies are subject to rent control. If they are registered with the rent officer for Northern Ireland, it determines the rent. If it was registered with the Housing Executive prior to April 1st, 2007, the maximum charge is the rent that was registered before that date. If it is not registered, the maximum charge is £1 per week, which was the lawful maximum payable before 1978.

A tenant who was overpaid may be entitled to the payment of overpayment.

A court order is required for possession in the absence of voluntary surrender.

Protected tenants may be succeeded by a family member who has been living with them for a period of six months immediately prior to their death. After April 1st, 2007, one succession only is possible. However, a person who has already succeeded as a second successor retains the tenancy.

A rent officer determines the maximum rent for a protected tenancy. This is based on consideration of the physical condition of the house, terms of the tenancy, the rent the Housing Executive will charge for a similar dwelling, and the amount of local reference rent determined by the Housing Executive for equivalent properties in the area.

After April 1st, 2007, any private landlord of a protected tenancy can apply to the Council for a fitness certificate. Certain houses are presumed fit, including:

• Dwellings built after 1945.
• Dwellings for which the renovation grant has been paid within the last ten years.
• Dwellings in HMOs where a grant is paid by the Housing Executive within the last ten years.
• Dwellings currently registered as HMOs with the Housing Executive.
• Dwellings in respect of which a regulated rent certificate was issued by the District Council within the last 10 years.

Provided the Council issues a certificate of fitness, the appropriate rent would be determined by the rent officer subject to the maximum. This may be varied in a change of circumstances.

If the fitness certificate is reviewed, it will specify necessary work. A copy is sent to the rent officer, who will determine the appropriate rent taking into account the unfitness of the dwelling house. This rent will apply until the dwelling house is brought back into a state of fitness. Once remedial works have been done, a new certificate may be applied for.

A landlord or tenant may apply for a re-determination of the rent where there has been a change in circumstances of the tenancy and the rent is no longer appropriate. This may be due to the fitness, deterioration of condition, or improvements. The rent officer determines the rent. An appeal may be made to an independent Rent Assessment Committee within 14 days.

Registered rents may be reviewed from time to time upon application to the department or rent officer. The review of rent may be undertaken generally for a class of controlled rents.

Once the landlord towards vacant possession of a property, a new protected tenancy may not arise. However, if it does not have a certificate of fitness or if it is exempt from the requirement for inspection, it remains on the rent register and may be subject to control until it is made fit and a certificate of fitness is issued by the Council.

The rent register records the maximum lawful rents that can be charged for rent control tenancy. Rent control applies to private tenancies where a notice of refusal of a fitness certificate has been given by the district council. It is independent in the performance of its function. Rent assessment committees are independent in the performance of their functions.

The general statutory requirements applicable to private tenancies apply both to private and statutory tenancies. They include entitlement to a rent book, four weeks’ notice to quit, freedom from harassment, or illegal eviction. See the separate section on private tenancies.

Prior to 2007, tenancies could be restricted, regulated, or protected short-hold tenancy. Restricted tenancies were generally small properties which could only be subject, generally in poor state of repair, subject to 1978 rent, usually £1 per year or per week or less. Rent could only be increased if it was brought up to a fitness standard and a regulated rent certificate obtained from the District Council. It is mandated with respect to even if let furnished to a new tenant.

Regulated tenancy was generally in better condition. However, the rent is limited to the amount permitted registered with the housing authority. Rent registration was not compulsory, but if not registered, the maximum charge was the 1978 value in most cases unless NAV is over £140 property remained regulated even if let to a new tenant, unless it was let fully furnished.

Protected shorthold tenancies were restricted or regulated tenancies without security of tenure. Tenancy was fixed for terms between one and five years. Rents are to be registered with the department.

A shorthold notice in the form required by law was to be given prior to commencement of the tenancy. At the end, the landlord was entitled to obtain vacant possession. It may remain a protected shorthold tenancy if it continues beyond the original period by agreement.

Protected or statutory tenancy does not end until the tenant vacates the property. The statutory fitness standard is described by the Housing NI Order 1981.

• Premises must be structurally stable,
• free from serious disrepair,
• free from dampness prejudicial to health,
• have adequate provision for heating, lighting, and ventilation, have an adequate supply of wholesome water, satisfactory facilities for cooking, preparation of food including sink and cold water;
• a suitably located water-closet for the exclusive use of occupants;
• suitably located fixed bath and shower for the exclusive use of occupants with supply of hot and cold water;
• an effective system for the draining of foul waste and surface water.

A dwelling that fails to meet this standard is deemed unfit for human habitation.

For limited grants for obtaining possession of statutory or protected tenancies, a court order is required. It is an offence to compel a private tenant to leave a house without a court order or to drive them out by harassment or intimidation.

The court may only grant an order for possession of a protected or statutory tenancy if it leads to as reasonable to do so and if alternative accommodation is available to the tenant. Possession may be certain discretionary ground or mandatory ground. The mandatory grounds are as follows. In these cases, the court must grant possession.

The following obligations apply to private rented dwelling houses granted after the legislation commences which  are protected as statutory tenancies regulated under the rent order prior to that date.

The landlord must keep the structure and the exterior of the dwelling house in repair. Subject as below, they must keep the interior in repair. They must keep the installations, services, and appliances in good repair and order. This includes a duty to keep the external paintwork in reasonable order.

The tenant is to take proper care of the premises as a good tenant. They are to make good any damage, willfully or negligently done or caused by the tenant or anyone lawfully visiting the premises or living in it. They are to keep the interior of the dwelling house in reasonable decorative order. They are not to make alterations without consent, and consent is not to be unreasonably withheld.

Where the tenancy is a part of a building and the tenant is entitled to use common parts for access, the landlord is to keep the common parts in good order, repair, and condition.

The duties of both parties do not oblige the landlord to carry out works for which the tenant is liable. It does not require them to carry out repairs or maintain anything which is not constructed or provided by the landlord or a person from whom they derive title or which the tenant is entitled to remove from the dwelling house. They are not obliged to reinstate the dwelling house in the case of damage by fire, flood, or other inevitable action.

In determining the standard of repair, regard is had to the age, character, and prospective life of the premises. The landlord’s duty does not arise unless they have actual knowledge, whether by notice from the tenant or otherwise, of the need for the work.

A tenant must permit the landlord and persons authorized by them to enter the premises at reasonable times and on reasonable notice in order to inspect the state of repair and carry out works for which the landlord has a duty to execute. The landlord may apply to the County Court for an order empowering them or their authorized representative to enter the dwelling house to carry out the work.