Social Tenancies

Housing Executive or registered housing association tenants enter into a tenancy agreement. This is determined by the Housing NI Order, 1983, as amended. The tenant should be given a copy of the tenancy agreement and a tenant’s handbook that outlines landlord and tenant duties. Registered housing associations may differ in their forms of tenancy.

Generally, Housing Executive and registered housing association tenants have security of tenure, subject to compliance with the terms of their tenancy. Social landlords were permitted to provide an introductory tenancy regime by which new tenants would not have security for a trial period of one year. They would become secure tenants if the landlord had not taken action for repossession during this period.

A person is generally entitled to succeed to a HE/RHA tenancy if they have resided in the property as their principal home at the time of the tenant’s death and they are the tenant’s spouse or a member of the tenant’s family who has resided with the tenant for at least 12 months. The successor tenant would become an introductory tenant for the first 12 months, as described above. Only one succession is allowed.

The Housing Executive will, as a matter of policy, generally allow succession in wider circumstances. This would include cases where persons have lived as partners for up to 12 months but are not married or if a person gave up accommodation or sold their old home to live in the care of the deceased tenant.

Where a person has taken responsibility for the tenant’s dependents or in other exceptional circumstances, succession may be permitted. A successor to an introductory tenancy would become a post-introductory tenant and would not be an introductory tenant.

A secured tenancy may be assigned, i.e., transferred with the consent of the landlord. The Housing Executive has discretion to allow assignment in exceptional circumstances. Registered housing associations may have their own policies regarding assignment.

There is an entitlement to assign when the assignment results from a court order in judicial separation or divorce proceedings. Assignment may also be permitted to a person who would have been entitled to succeed if the tenant had died before the assignment.

A tenant may offer to exchange accommodations with another tenant with the consent of the landlord. Consent may be withheld for valid reasons, including the following:

• Possession proceedings have been commenced or obtained against the tenant,
• the accommodation is larger than the needs of the proposed transferee,
• the accommodation has been adapted for a physically disabled person and the assignee does not fall into that category,
• the accommodation is for persons in circumstances making it especially difficult to access housing, and the transferee does not satisfy this criteria, or
• the housing is for a group of houses providing for persons with special needs such as secured accommodations, and the transferee does not fall into this category.

Transfers may occur under Housing Executive or RHA policies, and persons may move from one property to another leased by social landlords. Tenants must have been in secured tenancy for two years and in compliance with the terms of their lease. The agencies give points and rank applicants in relation to transfer.

Most Housing Executive tenants qualify for the right to buy their properties under right-to-buy schemes. A person generally must have been a Housing Executive tenant for five years or be a successor or assignee according to the criteria mentioned above. A person may be permitted to purchase a property with a spouse or another person who has resided in the property for over 12 months. The person must not be in arrears or be subject to investigation or action related to antisocial behavior.

The right to buy does not apply to certain types of accommodation, such as sheltered accommodation and certain smaller accommodations. The right to buy generally applies to housing and housing association tenants.

The tenant must pay the rent under the tenancy agreement. When there are multiple tenants, each is jointly and severally liable. The Housing Executive also collects rates for the Council.

The rent is calculated on the basis of size, age, and facilities available in the property. Each registered housing association has its own policy in relation to rent. They are free to set their own rents. Some older tenancies have protected rents.

Registered housing associations and the Housing Executive have policies on the recovery of rental arrears. If an agreement cannot be obtained, rental arrears may be deducted from allowances and payments from social services. The executive or housing association may initiate court proceedings for repossession.

A tenant may apply to the Department of Social Services for relief against deduction in the case of some benefits. The Housing Executive may apply to the Department of Social Services to provide for the deduction of rent payments from social security benefits.

Landlords and tenants have repairing obligations. The executive may be responsible for extra, longer-term repairs, repairs to key systems such as electricity and central heating, etc. The tenant is likely to be responsible for internal decoration and other shorter-term or minor repairs.

The Housing Executive may undertake repairs that are the tenant’s responsibility at its discretion in cases of hardship or tenants who are elderly or have special needs.

The 2003 order provides for home repair assistance. This is a form of grant for carrying out repairs, improvements, and adaptations to dwellings.

A Housing Executive tenant may carry out certain improvements with the landlord’s consent. When this is done, the Housing Executive may be entitled to compensation at the end of the tenancy for the improvements under the 2003 order.

A Housing Executive tenant may sublet accommodation and take in lodgers, subject to conditions. Consent is not to be unreasonably withheld and must be in writing. Consent may be withheld if it would lead to overcrowding or if the landlord proposes to carry out works that would affect the accommodation to be used by the subtenant. Landlords must give a reason in writing for the refusal.

A secured tenure tenancy may be ended by a court order for repossession. This is required unless the property has been abandoned. There are limited grounds for repossession.

The court must be satisfied in the case of the following grounds that the repossession is reasonable:

• Non-payment of rent and breach of other conditions
• Nuisance or annoyance to neighbors or using premises for illegal purposes
• Allowing conditions to deteriorate or failing to move others responsible for deterioration
• Allowing furniture to deteriorate
• Inducing the landlord to enter the tenancy by false or reckless false statement
• Failure to return the property after leaving it for the landlord’s work

Where the landlord needs the property for demolition or reconstruction within a reasonable time and requires possession, the possession may be granted provided there is alternative accommodation available. In the case of the following, the possession must be both reasonable, and alternative accommodation must be available:

• Houses designated for a disabled person and now occupied by a person who is not disabled and is required again for a disabled person
• Special-needs accommodation where the current occupier does not have the needs and it is required for a person with special needs
• Underoccupation of a property which was acquired through succession, similar grounds apply through a registered housing association
• New grant to where the dwelling has been set by a couple, and one partner has left due to domestic violence or a threat of domestic violence towards the partner or family member

Notice must be given of proposed action unless it is dispensed with by the court for special reasons.

There are special provisions in respect of the repossession proceedings. The High Court or County Court may, on the application of a landlord, obtain an order prohibiting a person from engaging in antisocial behavior. This may include an order prohibiting conduct likely to cause a nuisance or annoyance to persons lawfully using the premises, using or threatening to use the premises for illegal or immoral purposes, or entering premises to which the article applies.

This legislation applies to holders under secure tenancies, tenants of registered housing associations, and other Housing Executive accommodations, as well as prescribed private tenancies.

The court may grant an injunction if it is of the opinion that there is a significant risk of harm. The injunction may relate to particular acts or types of conduct, or both, and may be applied to a particular premises or locality. The injunction may be varied on application. Harm means harm in relation to ill-treatment or impairment of health.