Rent (Northern Ireland) Order 1978

Restricted and regulated rent certificates N.I.

8.—(1) A district council shall, if an application in that behalf is made to it within one year after the commencement of this Order by the landlord or tenant of a dwelling-house let on a regulated tenancy, cause the dwelling-house to be inspected with a view to ascertaining whether it meets the regulated tenancy standards.

(2) Where, on an application under paragraph (1), a district council is satisfied that a dwelling-house—

(a) does not meet the regulated tenancy standards, the council shall issue and serve on the landlord of the dwelling-house a certificate to that effect (in this Order referred to as a “restricted rent certificate”);

(b) meets those standards, the council shall issue and serve on the landlord of the dwelling-house a certificate to that effect (in this Order referred to as a “regulated rent certificate”).

(3) A restricted rent certificate—

(a) shall, if no appeal is brought to the county court within the first period specified in Article 11(1), be deemed to have taken effect on the date on which it was issued;

(b) if such an appeal is brought, shall, if it is confirmed by the county court, be deemed to have taken effect on that date.

(4) The powers conferred on a district council by this Article shall not prejudice or affect its powers under section 110 of the Public Health (Ireland) Act 1878 [1878 c.52] .

(5) A notice served, whether before or within one year after the commencement of this Order, by a district council under the said section 110 or by the Executive under[F1 Article 41 of the Housing (Northern Ireland) Order 1981] in respect of any house which is or includes such a dwelling-house as is mentioned in paragraph (1) shall if the notice is not, or was not, complied with within the period specified in the certificate be deemed, for the purposes of this Order, to be a restricted rent certificate served under this Article.

(6) Any notice served, which by virtue of paragraph (5) is deemed to be a restricted rent certificate, against which an appeal is made under any statutory provision—

(a) shall not have effect for the purposes of this Order until after the appeal has been finally determined, and

(b) shall have effect then only if it is confirmed.

[F2 (7) A dwelling-house satisfies the regulated tenancy standards if it is fit for human habitation.

(7A) Article 46 of the Housing (Northern Ireland) Order 1981 (standard of fitness for human habitation) shall apply for the purposes of paragraph (7) as if for any reference in that Article to the Executive there were substituted a reference to a district council.]

[F1 (8) In the application of this Article to a protected or statutory tenancy which, by virtue of Article 7 (4), is deemed to be a regulated tenancy for the purposes of this Order, paragraph (1) shall have effect as if for the reference to the commencement of this Order there were substituted a reference to the commencement of the Housing (Northern Ireland) Order 1983.

(9) Where a restricted rent certificate takes effect in relation to a dwelling-house, the tenancy of which is deemed, by virtue of Article 7 (4) to be a regulated tenancy—

(a) the tenancy shall no longer be deemed to be regulated tenancy and shall become a restricted tenancy; and

(b) the rent recoverable for any rental period from the tenant under the restricted tenancy shall, notwithstanding anything in any agreement, not exceed the rent which was recoverable for the last such period immediately before the commencement of the Housing (Northern Ireland) Order 1983.]

F1 1983 NI 15

F2 1992 NI 15