Houses in Multiple Occupation Act (Northern Ireland) 2016

Effect of moving from accommodation for works to be carried out

83.—(1) This section applies where—

(a) a person (“P”) occupies living accommodation under a tenancy or other occupancy arrangement, and

(b) P moves from the accommodation for the purpose of enabling any person to carry out any work which is—

(i) required under a temporary exemption notice, a rectification notice or a hazard notice, or

(ii) specified in a statement of remedial work under section 53.

(2) It does not matter whether P moves voluntarily, or in accordance with any term of the tenancy or other occupancy arrangement, or in accordance with paragraph 6 or 7 of Schedule 3 (requirements or warrants to vacate).

(3) The tenancy or other occupancy arrangement, if P so chooses, is to be taken not to have been terminated, varied or altered by reason of P’s moving.

(4) If P resumes lawful occupation, the same terms apply (except so far as otherwise agreed) in respect of that occupation as applied in respect of the occupation before P moved.

(5) In this section “lawful occupation” means occupation which is not an offence under paragraph 8 of Schedule 3.