The Housing (Northern Ireland) Order 2003

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. General interpretation

   3. 3. Members of a person’s family

3. PART II CONDUCT OF TENANTS

   1. CHAPTER I INTRODUCTORY

      1. 4. Interpretation of Part II

      2. 5. Meaning of “dwelling-house”

   2. CHAPTER II INTRODUCTORY TENANCIES

      1. General provisions

         1. 6. Introductory tenancies

         2. 7. Duration of introductory tenancy

         3. 8. Licences

      2. Proceedings for possession

         1. 9. Proceedings for possession

         2. 10. Notice of proceedings for possession

         3. 11. Review of decision to seek possession

         4. 12. Effect of beginning proceedings for possession

      3. Succession on death of tenant

         1. 13. Persons qualified to succeed tenant

         2. 14. Cases where the tenant is a successor

         3. 15. Succession to introductory tenancy

      4. Assignment

         1. 16. Assignment in general prohibited

      5. Repairs

         1. 17. Right of introductory tenants of the Executive to have repairs carried out

      6. Provision of information and consultation

         1. 18. Provision of information about tenancies

         2. 19. Consultation on matters of housing management

      7. Supplementary

         1. 20. Jurisdiction of county court

         2. 21. Power to make further provision

   3. CHAPTER III REPOSSESSION, &c. OF DWELLING-HOUSES LET UNDER SECURE TENANCIES

      1. 22. Extension of ground of nuisance or annoyance to neighbours, &c.

      2. 23. New ground of domestic violence

      3. 24. Extension of ground that grant of tenancy induced by false statement

      4. 25. Proceedings for possession or termination

   4. CHAPTER IV INJUNCTIONS AGAINST ANTI-SOCIAL BEHAVIOUR

      1. 26. Power to grant injunctions against anti-social behaviour

      2. 27. Meaning of “harm”

4. PART III GRANTS, &c. FOR RENEWAL OF PRIVATE SECTOR HOUSING

   1. CHAPTER I INTRODUCTORY

      1. 28. Interpretation of Part III

      2. Interpretation

         1. 29. Meaning of “reasonable repair”

         2. 30. Fitness for human habitation

         3. 31. Meaning of “connected persons”

         4. 32. Meaning of “owner” of dwelling

         5. 33. Disabled persons

   2. CHAPTER II THE MAIN GRANTS

      1. Introductory

         1. 34. Interpretation of Chapter II

         2. 35. Grants for improvements and repairs, &c.

         3. 36. Applications for grants

      2. Preliminary conditions

         1. 37. Ineligible applicants

         2. 38. The age of the property

         3. 39. Excluded descriptions of works

      3. Renovation grants

         1. 40. Renovation grants: owner’s applications and tenant’s applications

         2. 41. Renovation grants: certificates required in case of owner’s application

         3. 42. Renovation grants: certificates required in case of tenant’s application

         4. 43. Renovation grants: purposes for which grant may be given

         5. 44. Renovation grants: approval of application

      4. Common parts grants

         1. 45. Common parts grants: occupation of flats by occupying tenants

         2. 46. Common parts grants: landlord’s and tenants' applications

         3. 47. Common parts grants: certificates required to accompany application

         4. 48. Common parts grants: purposes for which grant may be given

         5. 49. Common parts grants: approval of application

      5. Disabled facilities grants

         1. 50. Disabled facilities grants: owner’s and tenant’s applications

         2. 51. Disabled facilities grants: the disabled occupant

         3. 52. Disabled facilities grants: certificate required in case of owner’s application

         4. 53. Disabled facilities grants: certificates required in case of tenant’s application

         5. 54. Disabled facilities grants: purposes for which grant must or may be given

         6. 55. Disabled facilities grants: approval of application

      6. HMO grants

         1. 56. HMO grants: the interest of the applicant in the property

         2. 57. HMO grants: certificate required to accompany application

         3. 58. HMO grants: purposes for which grant may be given

         4. 59. HMO grants: approval of application

      7. Restrictions on grant aid

         1. 60. Restriction on grants for works already begun

         2. 61. Means testing in case of application by owner-occupier or tenant

         3. 62. Determination of amount of grant in case of landlord’s application

         4. 63. Apportionment in case of tenants' application for common parts grant

         5. 64. Power to specify maximum amount of grant

      8. Decision and notification

         1. 65. Decision and notification

      9. Payment of grants

         1. 66. Payment of grants: general

         2. 67. Delayed payment of mandatory grant

         3. 68. Payment of grants: conditions as to carrying out of the works

         4. 69. Payment of grants: conditions as to contractors employed

         5. 70. Payment of grant to contractor

         6. 71. Applicant ceasing to be entitled before payment of grant

         7. 72. Change of circumstances affecting disabled occupant

         8. 73. Cases in which grants may be recalculated, withheld or repaid

         9. 74. Repayment where applicant not entitled to grant

      10. Grant conditions and repayment

          1. 75. Grant conditions: introductory

          2. 76. Condition for repayment on disposal: renovation grants

          3. 77. Condition for repayment on disposal: common parts grants

          4. 78. Condition as to repayment on disposal: HMO grants

          5. 79. Condition as to owner-occupation: renovation grants

          6. 80. Condition as to availability for letting: renovation grants

          7. 81. Conditions as to occupation: HMO grants

          8. 82. Conditions as to repayment in case of other compensation, &c.

          9. 83. Power to impose other conditions

          10. 84. Meaning of relevant disposal

          11. 85. Meaning of exempt disposal

          12. 86. Cessation of conditions on repayment of grant, &c.

      11. Supplementary

          1. 87. Provisions relating to death of applicant

          2. 88. Power of Executive to carry out works which would attract grant

   3. CHAPTER III GROUP REPAIR SCHEMES

      1. Introductory

         1. 89. Interpretation of Chapter III

         2. 90. Group repair schemes

         3. 91. Qualifying buildings

         4. 92. Scheme works

         5. 93. Approval of scheme by the Department

      2. Participation in group repair scheme

         1. 94. Persons eligible to participate in group repair scheme

         2. 95. Scheme consent and restriction on works

         3. 96. Certificate of completion date

         4. 97. Contributions by participants

      3. Variation of group repair scheme

         1. 98. Variation of group repair scheme

      4. Conditions as to participation

         1. 99. Conditions of participation: general

         2. 100. Condition as to payment of balance of cost on disposal

         3. 101. Conditions as to occupation

         4. 102. Meaning of “relevant disposal” and “exempt disposal”

         5. 103. Payment of balance of cost, &c: cessation of conditions

      5. Supplementary

         1. 104. Power of Department to modify operation of Chapter

   4. CHAPTER IV HOME REPAIR ASSISTANCE

      1. 105. Interpretation of Chapter IV

      2. 106. Home repair assistance

      3. 107. Entitlement to home repair assistance

      4. 108. Assistance in respect of mobile homes

      5. 109. Power to make further provision by regulations

   5. CHAPTER V DEFERRED ACTION NOTICES. &c.

      1. 110. Interpretation of Chapter V

      2. Deferred action notices

         1. 111. Deferred action notices

         2. 112. Service of deferred action notices

         3. 113. Appeals against deferred action notices

         4. 114. Review of deferred action notices

         5. 115. Guidance by the Department

      3. Power to charge for enforcement action

         1. 116. Unfitness for human habitation, &c.: power to charge for enforcement action

         2. 117. Recovery of charge for enforcement action

      4. Supplementary

         1. 118. Power to prescribe forms

   6. CHAPTER VI SUPPLEMENTARY PROVISIONS

      1. Religious denominations, charities, &c.

         1. 119. Religious denominations, charities, &c.

      2. Transitional provisions and savings

         1. 120. Transitional provisions and savings

5. PART IV MISCELLANEOUS AMENDMENTS

   1. CHAPTER I AMENDMENTS OF THE RENT (NORTHERN IRELAND) ORDER 1978

      1. 121. Transfer of duty to keep register of rents

      2. 122. Institution of proceedings for offences with respect to rent books

   2. CHAPTER II AMENDMENTS OF THE ORDER OF 1981

      1. 123. Interpretation of Order of 1981

      2. 124. Allocation of housing accommodation

      3. 125. Caravan sites for members of the Irish Traveller community

      4. 126. Acquisition of land by the Executive for amenity purposes

      5. 127. Termination of home insulation schemes

      6. 128. Disposal of houses let by the Executive to secure tenants

      7. 129. Increase of penalty for obstruction of an authorised officer

      8. 130. Membership of the Executive

   3. CHAPTER III AMENDMENTS OF THE ORDER OF 1983

      1. 131. House sales by registered housing associations

      2. 132. Tenant’s improvements

      3. 133. Right of secure tenants of the Executive to have repairs carried out

      4. 134. Tenancies which are not secure tenancies

   4. CHAPTER IV AMENDMENTS OF THE ORDER OF 1988

      1. 135. Definition of “homelessness”

      2. 136. Becoming homeless intentionally

      3. 137. Eligibility for housing assistance

      4. 138. Emergency grants

   5. CHAPTER V AMENDMENTS OF THE ORDER OF 1992

      1. 139. Realisation of value of Department’s loans portfolio

      2. 140. Rent for housing accommodation provided by registered housing associations

      3. 141. Disposal of land by registered housing associations

      4. 142. Repairs grants

      5. 143. Amendment of definition of “multiple occupation”

      6. 144. Registration scheme for houses in multiple occupation

      7. 145. Service of certain documents

   6. CHAPTER VI OTHER AMENDMENTS

      1. 146. Complaints against registered housing associations

      2. 147. Minor and consequential amendments

6. PART V SUPPLEMENTAL PROVISIONS

   1. 148. Orders and regulations

   2. 149. Repeals

7. Signature

8. SCHEDULES

   1. SCHEDULE 1

      AMENDMENTS RELATING TO TRANSFER OF DUTY TO KEEP REGISTER OF RENTS

      1. The Rent (Northern Ireland) Order 1978 (NI 20)

         1. 1. In Article 25 (register of rents) for any reference to...

         2. 2. (1) The provision inserted by Article 99 of the Order...

         3. 3. In Articles 26, 27 and 30 for a reference to...

         4. 4. (1) In paragraph (1) of Article 33 (review of registered...

         5. 5. In Article 34 (collection of information about certain tenancies) for...

         6. 6. (1) In paragraph (7) of Article 48 (enforcement, etc. of...

         7. 7. In Article 72 (information) after the words “The Department” insert...

         8. 8. In Schedule 6 (applications for determination of appropriate rents) in...

         9. 9. The Housing (Northern Ireland) Order 1983 (NI 15)

   2. SCHEDULE 2

      TRANSFER TO THE EXECUTIVE OF TRAVELLERS' CARAVAN SITES

      1. 1. In this Schedule— “the appointed day” means the day appointed...

      2. 2. (1) Subject to the provisions of this Schedule and any...

      3. 3. Any travellers' caravan site which is transferred to the transferee...

      4. 4. Part IV of the Local Government (Miscellaneous Provisions) (Northern Ireland)...

   3. SCHEDULE 3

      REGISTRATION SCHEME FOR HOUSES IN MULTIPLE OCCUPATION

   4. SCHEDULE 4

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. The Land Registration Act (Northern Ireland) 1970 (c. 18)

         1. 1. (1) Schedule 11 (matters requiring to be registered in the...

      2. The Rent (Northern Ireland) Order 1978 (NI 20)

         1. 2. In Article 48(8) (enforcement of certificates of disrepair: meaning of...

      3. The Housing (Northern Ireland) Order 1981 (NI 3)

         1. 3. (1) Article 41A (repair notices and group repair schemes) is...

         2. 4. (1) Article 58 (environmental works: no assistance where grant made)...

         3. 5. In Article 162 (regulations), in paragraph (2) after the word...

      4. The Housing (Northern Ireland) Order 1983 (NI 15)

         1. 6. In Article 24(1) (interpretation of Chapter II of Part II),...

         2. 7. In Article 26(4) (cases where the secure tenant is a...

         3. 8. In Article 38(4) (provision of information about secure tenancies), for...

         4. 9. (1) In Schedule 2 (tenancies which are not secure tenancies)—...

      5. The Housing (Northern Ireland) Order 1986 (NI 13)

         1. 10. (1) Article 6 (entitlement to reinstatement grant or repurchase) shall...

      6. The Housing (Northern Ireland) Order 1992 (NI 15)

         1. 11. (1) Article 73 (replacement grants) shall be amended as follows....

         2. 12. (1) Article 103 (power of the Executive and the Department...

   5. SCHEDULE 5

      REPEALS

9. Explanatory Note