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The Housing (Northern Ireland) Order 1983

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The Housing (Northern Ireland) Order 1983 is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II SECURE TENANTS

    1. CHAPTER I SALE OF DWELLING-HOUSES BY THE EXECUTIVE

      1. 3.House sales scheme

      2. 3A.House sales by registered housing associations

      3. 4.House sales scheme: supplemental provision

    2. CHAPTER II SECURITY OF TENURE AND RIGHTS OF SECURE TENANTS

      1. 24.Interpretation of Chapter II

      2. Secure tenancies

        1. 25.Secure tenancies

        2. 26.Succession on death of tenant

        3. 27.Security of tenure

        4. 28.Proceedings for possession: notice requirements

        5. 28A.Additional requirements in relation to certain proceedings for possession

        6. 29.Grounds and orders for possession

      3. Terms of a secure tenancy

        1. 30.Subletting and lodgers

        2. 31.Provisions as to consents required by Article 30

        3. 32.Assigments

        4. 32A.Assignments by way of exchange

        5. 33.Other disposals

        6. 34.Tenant's improvements

        7. 34A.Right to compensation for improvements

        8. 35.Reimbursement of costs of tenant's improvements

        9. 36.Rent not to be increased on account of tenant's improvements

        10. 37.Variation of terms of secure tenancy

        11. 38.Provision of information about tenancies

      4. Other rights of secure tenants

        1. 38A.Right to have repairs carried out

      5. Housing management

        1. 39.Provision of information about housing allocation

        2. 40.Consultation with secure tenants

        3. 41.Rights of landlord where secure tenancy appears to have been abandoned

        4. 42.Tenant's right of appeal against termination of tenancy under Article 41

        5. Article 43 rep. by 1989 NI 4

      6. Miscellaneous

        1. 44.Application to existing tenancies

        2. 45.Application to licences

    3. CHAPTER III JURISDICTION

      1. 46.Jurisdiction of county court

      2. 47.Extended discretion of court in certain proceedings for possession

  4. PART III (Arts. 48‐73) rep. by 1992 NI 15

  5. PART IV AMENDMENTS OF THE PRINCIPAL ORDER

    1. CHAPTERS I, II (Arts. 74‐84) rep. by 1992 NI 15...

    2. CHAPTER III MISCELLANEOUS

      1. 85.Advances by the Executive

      2. Article 86 rep. by 1992 NI 15

      3. 87.Indemnity agreements with building societies

      4. 88.Financial assistance for voluntary organisations concerned with housing

      5. 89.Increase of membership of the Executive

  6. PART V PRIVATE SECTOR TENANTS

    1. 90.Interpretation of Part V

    2. Protected shorthold tenancies

      1. 91.Preliminary

      2. 92.Protected shorthold tenancies

      3. 93.Right of tenant to terminate protected shorthold tenancy

      4. 94.Subletting or assignment

      5. 95.Orders for possession

    3. Amendments of 1978 Order

      1. 96.Protected tenancies

      2. 97.Proceedings for possession of certain dwelling-houses

      3. 98.Change in condition of dwelling-houses, etc.

      4. 99.Enforcement of certificates of disrepair

      5. 100.Meaning of “premium” in Part VIII of the 1978 Order

      6. 101.Entry to carry out works to certain premises

      7. 102.Ascertainment of landlord's identity by district council

      8. 103.Amendment of Cases 11 and 12 of Schedule 4 to the 1978 Order

      9. 104.Lettings by servicemen

      10. Article 105—Amendments

  7. PART VI SUPPLEMENTAL

    1. 106.Regulations and order

    2. Article 107—Amendments

    3. 108.Savings, transitional provisions and revocations

  8. SCHEDULES

    1. Schedules 1, 1A rep. by 1992 NI 15

    2. SCHEDULE 2

      TENANCIES WHICH ARE NOT SECURE TENANCIES

      1. Long leases

        1. 1.(1) A tenancy is not a secure tenancy if— (a) it is a tenancy granted...

      2. Introductory tenancies

        1. 1A.A tenancy is not a secure tenancy if it is an introductory tenancy or a...

      3. Premises occupied under contract of employment

        1. 2.(1) Subject to sub-paragraph (3) a tenancy is not a secure tenancy if the tenant...

      4. Land acquired for development

        1. 3.A tenancy is not a secure tenancy if the dwelling-house is on land which has...

      5. Accommodation for homeless persons

        1. 3A.A tenancy granted by the landlord in pursuance of any function of the Executive under...

      6. Accommodation for asylum‐seekers

        1. 3A.(1) A tenancy is not a secure tenancy if it is granted in order to...

      7. ...

        1. 3B.. . . . . . . . . . . . . . ....

      8. Temporary letting to person seeking accommodation

        1. 4.A tenancy is not a secure tenancy if the dwelling-house is let by the landlord...

      9. Short-term arrangements

        1. 5.A tenancy is not a secure tenancy if— (a) the dwelling-house has been leased to...

      10. Temporary accommodation during works

        1. 6.A tenancy is not a secure tenancy if— (a) the dwelling-house has been made available...

      11. Licensed premises

        1. 7.A tenancy is not a secure tenancy if the dwelling-house consists of or comprises premises...

      12. Business tenancies

        1. 8.A tenancy is not a secure tenancy if it is one to which the Business...

      13. Defective dwelling‐houses

        1. 9.A tenancy is not a secure tenancy if— (a) the tenant became a tenant of...

      14. Qualifying shorthold tenancies

        1. 10.(1) A tenancy is not a secure tenancy if it is a qualifying shorthold tenancy...

    3. SCHEDULE 3

      GROUNDS FOR POSSESSION OF DWELLING-HOUSES LET UNDER SECURE TENANCIES

      1. PART I GROUNDS ON WHICH COURT MAY ORDER POSSESSION

        1. Ground 1

          1. Any rent lawfully due from the tenant has not been paid or any obligation of...

          2. Any rent lawfully due from the tenant has not been paid or any obligation of...

        2. Ground 2

          1. The tenant or a person residing in or visiting the dwelling-house— (a) has been guilty...

          2. The tenant or a person residing in or visiting the dwelling-house— (a) has been guilty...

        3. Ground 2A

          1. The dwelling-house was occupied (whether alone or with others) by a married couple, a couple...

          2. The dwelling-house was occupied (whether alone or with others) by a married couple, a couple...

        4. Ground 3

          1. The condition of the dwelling-house or of any of the common parts has deteriorated owing...

          2. The condition of the dwelling-house or of any of the common parts has deteriorated owing...

          3. In this paragraph, “the common parts” means any part of a building comprising the dwelling-house,...

          4. In this paragraph, “the common parts” means any part of a building comprising the dwelling-house,...

        5. Ground 4

          1. The condition of any relevant furniture has deteriorated owing to ill-treatment by the tenant or...

          2. The condition of any relevant furniture has deteriorated owing to ill-treatment by the tenant or...

          3. In this paragraph “relevant furniture” means any furniture provided by the landlord for use under...

          4. In this paragraph “relevant furniture” means any furniture provided by the landlord for use under...

        6. Ground 5

          1. The tenant is the person, or one of the persons, to whom the tenancy was...

          2. The tenant is the person, or one of the persons, to whom the tenancy was...

        7. Ground 5A

          1. The tenancy was assigned to the tenant, or to a predecessor in title of his...

          2. The tenancy was assigned to the tenant, or to a predecessor in title of his...

          3. In this paragraph “premium” means any fine or other like sum and any other pecuniary...

          4. In this paragraph “premium” means any fine or other like sum and any other pecuniary...

        8. Ground 6

          1. The dwelling-house was made available for occupation by the tenant (or a predecessor in title...

          2. The dwelling-house was made available for occupation by the tenant (or a predecessor in title...

        9. Ground 7

          1. The landlord intents, within a reasonable time of obtaining possession of the dwelling-house— (a) to...

          2. The landlord intents, within a reasonable time of obtaining possession of the dwelling-house— (a) to...

        10. Ground 8

          1. The dwelling-house has features which are substantially different from those of ordinary dwelling-houses and which...

          2. The dwelling-house has features which are substantially different from those of ordinary dwelling-houses and which...

        11. Ground 9

          1. The dwelling-house is let by a registered housing association which lets dwelling-houses only for occupation...

          2. The dwelling-house is let by a registered housing association which lets dwelling-houses only for occupation...

        12. Ground 10

          1. The dwelling-house is one of a group of dwelling-houses which it is the practice of...

          2. The dwelling-house is one of a group of dwelling-houses which it is the practice of...

        13. Ground 11

          1. The accommodation afforded by the dwelling-house is more extensive than is reasonably required by the...

          2. The accommodation afforded by the dwelling-house is more extensive than is reasonably required by the...

      2. PART II SUITABILITY OF ACCOMMODATION

        1. 1.(1) For the purposes of Chapter II of Part II of this Order, accommodation is...

        2. 1A.For the purposes of Article 19B of the Housing (Northern Ireland) Order 2003, accommodation is...

        3. 2.In determining whether it is reasonably suitable to those needs regard shall be had to—...

        4. 3.Where the dwelling-house is let by a registered housing association, a certificate of the Executive...

    4. SCHEDULE 3A

      GROUNDS FOR WITHHOLDING CONSENT TO ASSIGNMENT BY WAY OF EXCHANGE

      1. Ground 1

        1. The tenant or the proposed assignee is obliged to give up possession of the dwelling‐house...

        2. The tenant or the proposed assignee is obliged to give up possession of the dwelling‐house...

      2. Ground 2

        1. Proceedings have been begun for possession of the dwelling‐house of which the tenant or the...

        2. Proceedings have been begun for possession of the dwelling‐house of which the tenant or the...

      3. Ground 2A

        1. Either— (a) a relevant order or suspended Ground 2 possession order is in force, or...

        2. Either— (a) a relevant order or suspended Ground 2 possession order is in force, or...

        3. Where the tenancy of the tenant or the proposed assignee is a joint tenancy, any...

        4. Where the tenancy of the tenant or the proposed assignee is a joint tenancy, any...

      4. Ground 2B

        1. The tenant or the proposed assignee or a person who is residing with either of...

        2. The tenant or the proposed assignee or a person who is residing with either of...

      5. Ground 3

        1. The accommodation afforded by the dwelling‐house is substantially more extensive than is reasonably required by...

        2. The accommodation afforded by the dwelling‐house is substantially more extensive than is reasonably required by...

      6. Ground 4

        1. The extent of the accommodation afforded by the dwelling‐house is not reasonably suitable to the...

        2. The extent of the accommodation afforded by the dwelling‐house is not reasonably suitable to the...

      7. Ground 5

        1. The dwelling‐house has features which are substantially different from those of ordinary dwelling‐houses and which...

        2. The dwelling‐house has features which are substantially different from those of ordinary dwelling‐houses and which...

      8. Ground 6

        1. The landlord is a registered housing association which lets dwelling‐houses only for occupation (alone or...

        2. The landlord is a registered housing association which lets dwelling‐houses only for occupation (alone or...

      9. Ground 7

        1. The dwelling‐house is one of a group of dwelling‐houses which it is the practice of...

        2. The dwelling‐house is one of a group of dwelling‐houses which it is the practice of...

    5. Schedules 4‐8 rep. by 1992 NI 15

    6. Schedules 9, 10—Amendments

    7. SCHEDULE 11

      SAVINGS AND TRANSITIONAL PROVISIONS

      1. 1.—The repeal by this Order of any statutory provision relating to any grant or contribution...

      2. 2.Notwithstanding the repeal by this Order of Chapter I of Part IV of the principal...

      3. 3.In sub-paragraph (1) “reconditioning grant” means a grant under section 7 of the Housing on...

    8. SCHEDULE 12—Revocations

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