Private Tenancies Act (Northern Ireland) 2022

Validity requirements for notices to quit given by landlords and tenants

11.—(1) The 2006 Order is amended in accordance with subsections (2) to (7).

(2) Article 14 (length of notice to quit) is amended in accordance with subsections (3) to (5).

(3) For paragraph (1) substitute—

“(1) A notice by a landlord to quit a dwelling-house let under a private tenancy is not valid unless—

(a) it is in the prescribed form and contains the prescribed information, and

(b) it is given not less than the relevant period before the date on which it is to take effect.”.

(4) For paragraphs (1A) and (2) substitute—

“(1A) For the purposes of paragraph (1) the relevant period is—

(a) 8 weeks, if the tenancy has not been in existence for more than 12 months;

(b) 4 months, if the tenancy has been in existence for more than 12 months but not for more than 3 years;

(c) 6 months, if the tenancy has been in existence for more than 3 years but not for more than 8 years; and

(d) 7 months, if the tenancy has been in existence for more than 8 year

but this is subject to regulations made under paragraph (5).

(2) Paragraph (1) applies whether the private tenancy was granted before or after the commencement of this Order.

(3) The Department may by regulations amend any sub-paragraph of paragraph (1A) so as to provide a different relevant period.

(4) Regulations under paragraph (3) may provide that the relevant period is different in different cases within a particular sub-paragraph of paragraph (1A) described by reference to the period for which the tenancy has been in existence.

(But this is without prejudice to the application of section 17(5) of the Interpretation Act (Northern Ireland) 1954.)

(5) The Department may by regulations provide that, in cases falling within the circumstances set out in paragraph (6), the relevant period for the purposes of paragraph (1) is as prescribed in the regulations.

(6) The circumstances are—

(a) the tenant is in substantial arrears of rent;

(b) the tenant, or a member of the tenant’s household, has engaged in serious anti-social behaviour in, or in the locality of, the dwelling-house;

(c) the tenant, or a member of the tenant’s household, is convicted of a relevant criminal offence.

(But see paragraph (9) for provision regarding other circumstances.)

(7) Regulations under paragraph (5)—

(a) may make provision that applies to all cases that fall within a sub-paragraph of paragraph (6) and, for that purpose, may make provision about the meaning of any expression used in that sub-paragraph;

(b) may make provision that applies to cases of a prescribed description that fall within a sub-paragraph of paragraph (6);

(c) may provide that the relevant period is different in different cases that fall within a sub-paragraph of paragraph (6) described by reference to the period for which the tenancy has been in existence;

(d) may make provision about the evidence to be provided to show that a case falls within a sub-paragraph of paragraph (6) or within a prescribed description.

(But sub-paragraphs (a) to (c) are without prejudice to the application of section 17(5) of the Interpretation Act (Northern Ireland) 1954.)

(8) The Department—

(a) may not make regulations under paragraph (5) that come into operation before the end of the emergency period within the meaning of section 1(2) of the Private Tenancies (Coronavirus Modifications) Act (Northern Ireland) 2020, but

(b) must make regulations under paragraph (5) that come into operation before the end of the period of 2 years beginning with the date on which this Act receives Royal Assent.

(9) The Department may by regulations amend paragraph (6) so as to add to the list of circumstances set out in it.

(10) Amendments made by virtue of regulations under paragraph (3), and provision made by regulations under paragraph (5), do not apply in relation to a notice to quit given before the date on which the regulations come into operation.”.

(5) At the end of the heading to the Article add “: by landlords”.

(6) After Article 14 insert—

“Length of notice to quit: by tenants

14A.— (1) A notice by a tenant to quit a dwelling-house let under a private tenancy is not valid unless—

(a) it is given in writing, and

(b) it is given not less than the relevant period before the date on which it is to take effect.

(2) For the purposes of paragraph (1) the relevant period is—

(a) 4 weeks, if the tenancy has not been in existence for more than 10 years;

(b) 12 weeks, if the tenancy has been in existence for more than 10 years.

(3) Paragraph (1) applies regardless of the date on which the private tenancy was granted.

(4) The Department may by regulations amend paragraph (2) so as to provide that, in relation to a tenancy in existence for more than 12 months but not more than 10 years, the relevant period is a period that is more than 4 weeks but not more than 12 weeks.

(5) Regulations under paragraph (4) may provide that the relevant period is different in different cases within that paragraph described by reference to the period for which the tenancy has been in existence.

(But this is without prejudice to the application of section 17(5) of the Interpretation Act (Northern Ireland) 1954.)

(6) Any amendment made by virtue of regulations under paragraph (4) does not apply in relation to a notice to quit given before the date on which the amendment comes into operation.”.

(7) In Article 72 (provisions concerning regulations)—

(a) in paragraph (3), after “5D(3) or (5),” (as inserted by section 7) insert “14, 14A,”;

(b) in paragraph (5) (as inserted by section 7), after “Article 5D(5)” insert “, 14 or 14A”.

(8) In consequence of subsections (3) and (4), omit section 3 of the Housing (Amendment) Act (Northern Ireland) 2011.

(9) At any time before the coming into operation of sub-paragraph (a) of Article 14(1) (as inserted by subsection (3)), paragraph (1) of that Article has effect as if, before sub-paragraph (b), there were inserted—

“(aa) it is given in writing, and”.

(10) At any time before the coming into operation of the paragraph (1A) of Article 14 that is inserted by subsection (4), that Article has effect as if, before paragraph (2), there were inserted—

“(1A) For the purposes of paragraph (1) the relevant period is—

(a) 4 weeks, if the tenancy has not been in existence for more than 12 months;

(b) 8 weeks, if the tenancy has been in existence for more than 12 months but not for more than 10 years;

(c) 12 weeks, if the tenancy has been in existence for more than 10 years.”.

(11) The amendments made by this section do not apply in relation to a notice to quit given before the date on which this section comes into operation.