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The Housing (Northern Ireland) Order 1983

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Variation of terms of secure tenancyN.I.

37.—(1) The terms of a secure tenancy may be varied in accordance with the provisions of this Article but not otherwise.

(2) This Article does not apply to any term of a tenancy which is implied by any statutory provision (including this Order).

(3) The variation may be effected—

(a)by agreement between the landlord and the tenant;

(b)to the extent only that it relates to rent or to payments in respect of rates or services, by the landlord or the tenant in accordance with any provision in the lease or agreement creating the tenancy or in any agreement varying it; or

(c)by the landlord by a notice of variation served on the tenant.

(4) A notice of variation must specify the variation effected by it and the date on which it takes effect; and the period between the date on which it is served and the date on which it takes effect must not be shorter than four weeks.

(5) Before serving a notice of variation on the tenant the landlord shall—

(a)serve on him a preliminary notice informing him of the landlord's intention to serve a notice of variation, specifying the variation proposed to be effected and its effect and inviting him to comment on the proposed variation within such time, to be specified in the notice, as the landlord considers reasonable; and

(b)consider any comment made by the tenant within the time specified in the preliminary notice;

and when the notice of variation is served it must be accompanied by such information as the landlord considers necessary to inform the tenant of the nature and effect of the variation.

(6) Paragraph (5) does not apply to a variation—

(a)of the rent or of payments in respect of services or facilities provided by the landlord; or

(b)of payments in respect of rates.

(7) Where a notice of variation is served on the tenant and the tenant, before the date specified in it, gives a valid notice to quit under Article 27(3), the notice of variation does not take effect unless the tenant, with the written agreement of the landlord, withdraws his notice to quit before that date.

(8) References in this Article to variation include addition and deletion; and for the purposes of this Article the conversion of a monthly or fortnightly tenancy into a weekly, or a weekly into a monthly or fortnightly tenancy is a variation of a term of the tenancy, but a variation of the premises let under a tenancy is not.

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