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The Housing (Northern Ireland) Order 1983

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Tenant's right of appeal against termination of tenancy under Article 41N.I.

42.—(1) A tenant under a secure tenancy who is aggrieved by termination of the tenancy by the landlord under Article 41 may appeal to the court within six months after the date of the termination.

(2) Where in proceedings under paragraph (1) it appears to the court that—

(a)the landlord has failed to comply with any provision of Article 41; or

(b)the landlord did not have reasonable grounds for finding that the dwelling-house was unoccupied, or did not have reasonable grounds for finding that the tenant did not intend to occupy it as his home; or

(c)the landlord was in error in finding that the tenant did not intend to occupy the dwelling-house as his home, and the tenant had reasonable cause, by reason of illness or otherwise, for failing to notify the landlord of his intention so to occupy it,

the court shall—

(i)where the dwelling-house has not been let to a new tenant, make an order that the secure tenancy shall continue; or

(ii)in any other case, direct the landlord to make other suitable accommodation available to the tenant.

(3) Part II of Schedule 3 shall have effect to determine whether accommodation is suitable for the purposes of paragraph (2)(ii).

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