Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Private Tenancies (Forms Etc.) Regulations (Northern Ireland) 2007 and shall come into operation on 1st April 2007.

(2) In these Regulations:—

“appropriate rent” has the meaning assigned to it in Article 39 of the Order;

“controlled tenancy” has the meaning given in Article 40(4) of the Order;

“HMO grant” has the meaning assigned to it in Article 35(5) of the Housing (Northern Ireland) Order 2003(2);

“house in multiple occupation” has the meaning assigned to it in Part IV of the Housing (Northern Ireland) Order 1992(3);

“the Order” means the Private Tenancies (Northern Ireland) Order 2006;

“register” means the register of rents referred to in Article 46(1) of the Order;

“renovation grant” means a grant paid under Article 50 of the Housing (Northern Ireland) Order 1992, or paid or payable under Article 40 of the Housing (Northern Ireland) Order 2003.

Forms to be used

2.  The forms set out in Schedule 2 (of which a list is set out in Schedule 1) shall be the forms to be used in the exercise of functions under the Order.

Particulars to be contained in the register of rents

3.  The register shall contain the particulars with regard to a controlled tenancy which are set out in Schedule 3.

Revocation

4.  The Rent (Forms etc.) Regulations (Northern Ireland) 1983(4) are hereby revoked.

Regulation 2

SCHEDULE 1 List of Forms

Form No.

1.  Application to conduct an inspection for fitness (landlord application)

2.  Application to conduct an inspection for fitness (tenant application)

3.  Notice of application received to inspect a dwelling-house for fitness

4.  Certificate of fitness

5.  Notice of refusal of application for a certificate of fitness

6.  Notification of registration of rent of a controlled tenancy

7.  Application for further determination of rent

8.  Notice by rent assessment committee requiring information

9a.  and 9b. Notice of unfitness

10a.  and 10b. Notice of disrepair

11.  Notice of increase in rent of a controlled tenancy

Regulation 2

SCHEDULE 2

FORM 1

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NOTES

Fitness Inspections

  

(1) 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 — see Note 3 below), 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

  

(2) 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

  

(3) (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

  

(4) 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

  

(5) 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

  

(6) 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

  

(7) 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