Rent (Northern Ireland) Order 1978

PART VII N.I. RENT BOOKS AND RIGHTS AND REPAIRING OBLIGATIONS UNDER REGULATED TENANCIES

Rent books for private tenancies N.I.

38.—(1) The landlord of a dwelling-house held under a private tenancy shall provide the tenant with a rent book for use in respect of the dwelling-house.

(2) A rent book provided in pursuance of paragraph (1) shall contain such particulars and information relating to the tenancy as may be prescribed.

(3) In this Article “private tenancy” does not include a fee farm grant or a tenancy granted for a term certain exceeding ninety-nine years, unless that tenancy is, or may become, terminable before the end of that term by notice given to the tenant.

Offences under Article 38 N.I.

39.—(1) If the landlord under a private tenancy fails to comply with Article 38, he and, subject to paragraph (4), any person who on his behalf demands or receives rent in respect of the dwelling-house held under that tenancy while the failure continues shall be guilty of an offence.

(2) Any person guilty of an offence under paragraph (1) shall be liable to[F1 a fine not exceeding £500].

(3) If any default in respect of which a landlord is convicted of an offence under paragraph (1) continues for more than fourteen days after that conviction, that landlord shall be deemed to have committed a further offence under that paragraph in respect of that default.

(4) If any person other than the landlord is charged with an offence under paragraph (1), it shall be a defence for him to prove that he neither knew nor had reasonable cause to believe that Article 38 had not been complied with.

[F2 (5) Proceedings for an offence under paragraph (1) may be instituted by the district council in whose district the dwelling-house held under the private tenancy is situated.]

F1 1983 NI 15

F2 2003 NI 2

Provisions applied to regulated tenancies N.I.

40.  The provisions set out in Articles 41 to 45 shall apply in relation to a regulated tenancy only in so far as they are not inconsistent with any express provision in the contract of tenancy.

Landlord's duties to repair, etc. under regulated tenancy N.I.

41.—(1) The landlord under a regulated tenancy—

(a) shall keep in repair the structure and exterior of the dwelling-house comprised in that tenancy;

(b) shall, subject to Article 42, keep in repair the interior of the dwelling-house;

(c) shall keep in repair and in proper working order—

(i) the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences but not, except as mentioned in the preceding provison of this sub-paragraph, fixtures, fittings or appliances for making use of the supply of water, gas or electricity); and

(ii) the installations in the dwelling-house for space heating or heating water.

(2) The duty imposed by paragraph (1)( a) includes a duty to keep exterior paintwork in reasonable order.

(3) In this Article “structure and exterior” includes drains, gutters and external pipes.

Care of premises by tenant under regulated tenancy N.I.

42.  The tenant under a regulated tenancy of a dwelling-house—

(a) shall take proper care of the premises comprised in that tenancy as a good tenant;

(b) shall, without prejudice to sub-paragraph ( a), keep in repair—

(i) open fireplaces (including tiles) in the dwelling-house;

(ii) glass, whether external or internal, in the dwelling-house (including mirrors);

(iii) tap washers and similar seals for taps in the dwelling-house;

(iv) boundary walls of the dwelling-house constructed by him or any previous tenant from whom he derives title;

(c) shall make good any damage to those premises wilfully or negligently done or caused to the premises by the tenant, by any tenant of his or by any other person lawfully living in or lawfully visiting the premises;

(d) shall keep the interior of the dwelling-house in reasonable decorative order;

(e) shall not carry out any alterations to those premises without the consent of the landlord, but that consent shall not be unreasonably withheld;

and shall clear any blockage in any pipes and drains within the dwelling-house or in any trap for foul or surface water from the dwelling-house.

Landlord's obligations under regulated tenancy of parts of building N.I.

43.  Where a dwelling-house let under a regulated tenancy consists of a part of a building and the tenant under the regulated tenancy is entitled to the use (whether with others or not) for access or other purposes of other parts of the building or its curtilage, the landlord shall—

(a) keep in good order and condition any part of the building or curtilage which the tenant is entitled to use as mentioned above;

(b) ensure that any part of the building or curtilage which the tenant is entitled to use as mentioned above for access is adequately lit and safe to use.

General qualifications on landlord's duties N.I.

44.  The duties imposed on the landlord by Articles 41 and 43 do not require the landlord—

(a) to carry out works or repairs for which the tenant is liable by virtue of Article 42;

(b) to keep in repair or maintain anything—

(i) which was not constructed or provided by the landlord or any person from whom he derives title; or

(ii) which the tenant is entitled to remove from the dwelling-house;

(c) to rebuild or re-instate the dwelling-house in the case of destruction or damage by fire, or by tempest, flood or other inevitable accident.

Standard of repair and knowledge of disrepair N.I.

45.—(1) In determining the standard of repair required by virtue of Articles 41 to 43, regard is to be had to the age, character and prospective life of the premises.

(2) A landlord is not under a duty to carry out works by virtue of Articles 41 and 43 unless he has actual knowledge (whether because of notice given by the tenant or otherwise) of the need for those works.

Certificates of disrepair N.I.

46.—(1) A district council shall, if an application in that behalf is made to it 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 the other party under the tenancy is in breach of any covenant or condition (whether express or implied) to repair, maintain or take care of the premises comprised in that tenancy, any fixtures attached to those premises or any such installations as are mentioned in Article 41(1)( c) (in this Article referred to as “the repairing conditions”).

(2) Where, on an application under paragraph (1), a district council is satisfied that any such landlord or tenant is in breach of the repairing conditions in relation to any premises, fixtures or installations the council shall—

(a) issue and serve on that person a certificate to that effect (in this Part referred to as a “certificate of disrepair”);

(b) serve a copy of that certificate on the other party to the tenancy.

(3) A certificate of disrepair issued under paragraph (2) shall—

(a) specify the works which in the opinion of the district council are required to make good the breach of the repairing conditions by the landlord or the tenant, as the case may be;

(b) require that landlord or tenant, as the case may be, to carry out to the district council's satisfaction the works specified in the certificate within such period as the council may allow.

Appeals in relation to certificates of disrepair N.I.

47.—(1) The landlord or tenant under a regulated tenancy may, within twenty-eight days after the date of the service of a certificate of disrepair or of a notice stating that the district council does not intend to issue such a certificate in relation to the dwelling-house, appeal to the county court against the certificate or the failure of the council to issue such a certificate.

(2) For the purposes of paragraph (1), where a district council does not, within three months from the date of the application to it for such a certificate, issue such a certificate or a notice stating that it does not intend to issue such a certificate, the council shall be deemed to have issued such a notice at the end of that period of three months.

Enforcement, etc. of certificates of disrepair N.I.

48.—(1) If the person on whom a certificate of disrepair is served under Article 46 fails to comply with that certificate within the period allowed by the district council, the council may apply to a court of summary jurisdiction for an order under this Article.

[F3 (1A) Where—

(a) under Article 46 a certificate of disrepair has been served, or is deemed to have been served, on the landlord of a dwelling-house, and

(b) it appears to the district council that the landlord is residing outside Northern Ireland,

a summons for the purposes of an application to a court of summary jurisdiction under paragraph (1) shall be deemed to be duly served on the landlord if it is served in accordance with sub-paragraph (a) or (b) of Article 73 (1).]

(2) Where, on the hearing of an application under paragraph (1), it appears to a court of summary jurisdiction that a person has failed to comply with a certificate of disrepair within the period allowed by the district council, it may, after affording him an opportunity to be heard, make an order requiring him to comply with that certificate within such period as it may specify.

(3) Where a person fails to comply with an order made under paragraph (2) he shall be guilty of an offence and liable to[F3 a fine not exceeding £500].

[F3 (3A) Where a summons for the purposes of an application to a court of summary jurisdiction under paragraph (1) has been served in accordance with paragraph (1A), a person shall not be convicted of an offence under paragraph (3) if he shows that he did not know of the service of that summons.]

(4) Where an order made under paragraph (2) is not complied with, the district council may, after serving notice of its intention to do so on the person in breach of the order, carry out so much of the works required by the order as has not been completed.

(5) Where, in pursuance of paragraph (4), a district council carries out any works, the council may[F3 without prejudice to any other method of recovery,] recover summarily as a civil debt from the person served with the notice of disrepair specifying those works the expenses incurred by the council in carrying out those works.

(6) In any proceedings to recover any expenses by virtue of paragraph (5) the court may order that only so much of those expenses as it determines to be reasonable must be paid to the district council by the person against whom the proceedings have been instituted.

(7) Where a district council fails to recover from any person the expenses incurred by it in carrying out works under paragraph (4),[F4 the Executive may, with the consent of the Department, pay] to the council a sum not exceeding the appropriate amount.

(8) In paragraph (7) “the appropriate amount” means—

(a) the amount which, in the opinion of[F4 the Executive], would have been payable to the district council if the council had been the landlord of the premises in question and had applied for a repairs grant for the works which it executed, less

(b) so much of the sum recovered from the person who is liable to pay the expenses referred to in paragraph (6) as exceeds such part of those expenses as was incurred in respect of works for which a repairs grant would not have been so payable.

[F4 In this paragraph “repairs grant” means a grant under Article 74 of the Housing (Northern Ireland) Order 1992.]

F3 1983 NI 15

F4 2003 NI 2