Private Tenancies
Private Rented Accommodation
To download a Certificate Of Fitness / Private Tenancies form, please click on the link below.
The Private Tenancies (Northern Ireland) Order 2006 was introduced on 1 April 2007 which provides a new structure for the private rented sector in Northern Ireland.
Some of the main features of this are:
- New tenancies are defined according to their fitness for human habitation – an unfit tenancy will be subject to rent control until it is made fit
- District Councils are responsible for inspecting tenancies for fitness and have been given new powers to ensure that unfitness and serious disrepair are addressed.
- Controlled rents are now 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 are to be no more protected tenancies. On vacancy, all currently protected tenancies will be decontrolled. If the property is rented out subsequently, the rent is not subject to control, as long as the property is fit. As a result, whether a tenancy is furnished or unfurnished no longer has any significance.
- As well as having rent books, new tenants 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 provides default terms.
Purpose
The new system rewards 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 retain their security of tenure.
Impact of Private Tenancies Order on Existing Registered Regulated Tenancies
The provisions of the Rent Order which allowed for annual increases (Article 33) were repealed on 1 April 2007.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 provisions of the Private Tenancies Order 2006 which came into effect on 1 April 2007.
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.
Application Process
Under the Private Tenancies Order, the landlord of a private tenancy commencing after 1 April 2007 of a property which was built before 1 January 1945 must have a fitness inspection conducted by the district council, unless it is exempt (see below).
The following properties are exempt from this requirement if:
• A Renovation Grant was paid by the Housing Executive within the past 10 years
• An HMO grant was paid by the Housing Executive within the past 10 years
• The dwelling is currently registered as an HMO with the Housing Executive
• A regulated rent certificate was issued by the district council within the past 10 years.
Although protected and statutory tenancies are not new tenancies, a fitness inspection is necessary (unless one of the exemptions applies) if the landlord wishes to maximise the amount of rent he can lawfully charge.
Once the Application form is completed by the landlord with the appropriate fee currently £50.00, an EHO will visit the property and carry out a fitness inspection .
Fitness inspections
If the property meets the fitness standard, the district council will issue a certificate of fitness. Unless the tenancy is a protected or statutory tenancy, this means that no rent control will apply to the tenancy and the landlord is free to charge a market rent.
In the case of a protected or statutory tenancy, a copy of the certificate of fitness will be sent to the Rent Officer for Northern Ireland who will determine an appropriate rent, taking into account the fitness of the dwelling. This rent will be the maximum which can be charged unless there is a change of circumstances.
If the district council is not satisfied that the dwelling meets the fitness standard it will issue the landlord and tenant with a notice of refusal. 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 to meet the fitness standard. A copy of the notice of refusal will be sent to the Rent Officer for Northern Ireland who will determine an appropriate rent, taking into account the unfitness of the dwelling. This rent will be the maximum which can be charged until the dwelling is brought up to the fitness standard.
Once the necessary work has been completed, the landlord must make a second application to the council for a certificate of fitness. A second fee of £100 is charged by the district council.
If a certificate of fitness is issued, a copy will be sent to the Rent Officer for Northern Ireland. If the tenancy is a protected or statutory tenancy, the landlord or tenant can apply to the rent officer to have a new rent determined. If the tenancy is not a protected or statutory tenancy, the tenancy will be removed from the rent register and no further rent control will apply.
Tenant’s subsequent application for a fitness inspection
Once a certificate of fitness has been issued, the tenant can apply for a re-inspection at any time if there are grounds for believing that the property no longer meets the fitness standard. A fee of £50.00 will be charged for this inspection.
Tenants should contact us for further information.
If a notice of refusal is issued as a result, this will be sent to the Rent Officer for Northern Ireland. If the tenancy is a protected or statutory tenancy, the landlord or tenant can apply to the rent officer to have a new rent determined. If the tenancy is not a protected or statutory tenancy, the rent officer will determine an appropriate rent.
Guidance
Please download the following for further guidance:
‘Private Tenancies - A guide for Private Landlords and Tenants in Northern Ireland’
‘Protected and Statutory Tenancies - A guide for Private Landlords and Tenants in Northern Ireland’
‘Repairing Obligations - A guide for Private Landlords and Tenants in Northern Ireland’
Template for a rent book (after 1st April 2007)
Template for a rent book (Pre April 2007)
Other Useful Websites
Rent Officer’s website: www.rentofficer-ni.gov.uk
Department for Social Development: www.dsdni.gov.uk/index/hsdiv-housing
