New Private Tenancies

Northern Ireland law on private tenancies was reformed in 2006. The legislation applies to tenancies for terms less than 99 years. It does not apply to tenancies where the landlord is the Crown, a government department, or a housing association or the Northern Ireland Housing Executive. It does not apply to holiday lettings.

The landlord must give notice within 28 days of the commencement of the tenancy in a prescribed form, providing information in relation to the tenancy. The information is prescribed by regulations. Where there is a variation in the terms of the tenancy, a notice must be given with details of the variation. Failure on the part of the landlord to do so is an offence.

The landlord must provide a tenant with a rent book within 28 days of the commencement of the tenancy. A rent book is to be used to maintain a written record of rent payments and contain other prescribed information. A tenant may not be charged for a rent book. Failure to provide the rent book is an offence. Continued failure to do so for periods of each 14 days after conviction constitutes another offence.

Where a tenancy is granted after the order commences which does not provide for a duration, it is to be for a term of six months commencing on the day the tenant is entitled to take possession.

Notice to quit of a private tenancy must be at least four weeks ending on the day on which it is to take effect. The above fixed term does not apply to statutory tenancies. There are provisions in relation to disrepair and on fitness of any dwelling house let under a private tenancy.

From 1 April 2013 the private tenancy deposits are subject to tenancy deposits schemes.  Monies must be lodged within 14 days of receipt into a tenancy deposit scheme.  The landlord must within 28 days of receipt furnish tenant details of the tenant scheme in which it is protected and details of the scheme administrator.

Disputes regarding refunding of deposits may be referred to a dispute resolution mechanism.  This must be available free of charge to the scheme administrator.

Private tenancies granted after 1 April 2007 of premises constructed before 1 January 1945 must have a fitness inspection conducted by the District Council unless exempt.

A premises must be exempt if a renovation grant by the housing executive within the previous 10 years.  A HMO grant was paid by housing executive within the past 10 years, the dwelling is currently registered as a HMO with the housing executive, the regulated grant certificate was issued by the district council within the last 10 years.

A fitness inspection is required in respect of protected and statutory tenancies if the landlord wishes to maximise rent chargeable.

Responsibility for repairs other than those prescribed by statute are determined by the agreement.

The landlord must ensure gas appliances are maintained in good order.  There must be an annual safety check carried out by a registered gas installer.  The landlord must keep a record of safety checks and provide a copy to a new tenant before occupation and to each tenant within 28 days of the annual check.  The landlord has got responsibility for the tenant’s gas equipment.

The landlord must ensure that all furniture and fittings comply with fire furnishings, safety regulations, unless the letting is temporary.  Furniture should generally have a label specifying whether it complies with the regulations.

Landlord is generally responsible to rates; may recruit the same from the tenant by way of rent.  Rates charged must be included in the rent book.

The landlord must obtain a court order to obtain vacant possession of a property.  Forcible removal is likely to be unlawful.  Legislation prohibits landlords from harassing tenants.  This includes acts taken for rent or tenants from exercising his rights.

The general principle is that when a private tenancy period ends, the tenant must vacate the property.  A notice to quit is not required.  If the tenant refuses to leave, a court order will generally be necessary.  This is enforced to the enforcement of judgments office.

After 1 April 2007, tenancies which are agreed for a fixed term are presumed to be fixed terms for six months.  After that the tenancy will become a periodic tenancy based on the rental period.

The required notice to quit depends on the length of the tenancy.  Four weeks applies for less than five years.  5 to 10 years requires eight weeks written notice.  Tenancies more than 10 years require 12 weeks written notice to terminate.

Protected and statutory tenancies may not be evicted without a court order.  A court order may only be granted in limited circumstances.  See the separate section on statutory and protected tenancy.

A person in statutory and protected tenancies, a tenancy may be ended by notice to quit or by the termination of its natural period.

If the tenant leaves mid-term, he may be contractedly obliged to compensate the landlord for a loss.  A deposit may be forfeited.  If the tenancy is not for a fixed term, the tenant must give the landlord the requisite notice period to terminate.

In the case of non protected or non statutory tenancies rent, is a matter for determination by landlord and tenant.  Rents may be fixed for a particular term.  The periodic tenancy may be terminated and a new tenancy offered.  Similar principles apply to other variations in the term.  The contract may not be varied in the middle of a fixed term.  However, alternative terms may be proposed and accepted at the end of a term.

It is an offense for a landlord or someone on his behalf to evict a tenant without a court order.  It is an offense to try to force a tenant out of property or impede them in exercising rights.  Unlawful behaviour may include violence, withholding services such as gas and electricity or other interference.

District councils may take legal action for offenses of harassment and eviction. Statutory standard of fitness is prescribed by the housing NI order 1981 as amended.

A dwelling house must be structurally sound, free from serious disrepair, free from dampness prejudicial to health, adequate provision for lighting, heating and ventilation, adequate pipe supply of wholesome water, satisfactory facilities for preparation and cooking of food including a sink with satisfactory cold and hot water.

Suitably located water closet for exclusive use of the occupants if any.  Have a suitably located fixed bath shower or wash hand basis for the extensive use of occupants, each provided with hot and cold water, have effective system for draining of foul, waste, and surface water.

A statement of tenancy terms is prescribed.  A range of  prescribed information must be required.  This includes names of the parties, emergency contact details, terms, commencement, duration, required notice, rent, rates, terms of deposits, description of other required payments, repairing obligations of parties, other key obligations, inventory of furniture and fittings, statement of certain statutory matters.