The Housing (Northern Ireland) Order 1983

Orders for possession N.I.

95.—(1) The following Case shall be added to the Case in Part II of Schedule 4 to the 1978 Order (mandatory orders for possession):

“Case 17

Where the dwelling-house was let under a protected shorthold tenancy (or is treated under Article 95 of the Housing (Northern Ireland) Order 1983 as having been so let) and—

(a) there either has been no grant of a further tenancy of the dwelling-house since the end of the protected shorthold tenancy or, if there was such a grant, it was to a person who immediately before the grant was in possession of the dwelling-house as a protected or statutory tenant; and

(b) the proceedings for possession were commenced after appropriate notice by the landlord to the tenant and not later than three months after the expiry of the notice.

A notice is appropriate for this Case if—

(i) it is in writing and states that proceedings for possession under this Case may be brought after its expiry; and

(ii) it expires not earlier than three months after it is served and, if at the time of service the tenancy is a periodic tenancy, not earlier than the date by which that periodic tenancy could be brought to an end by a notice to quit served by the landlord on the same day;

(iii) it is served—

(a) in the period of three months immediately preceding the date on which the protected shorthold tenancy comes to an end; or

(b) if that date has passed, in the period of three months immediately preceding any anniversary of that date; and

(iv) in a case where a previous notice has been served by the landlord on the tenant in respect of the dwelling-house, and that notice was an appropriate notice, it is served not earlier than three months after the expiry of the previous notice.” .

(2) If, in proceedings for possession under Case 17, the court is of opinion that, notwithstanding that the condition of paragraph (1)(b) or (c) of Article 92 is not satisfied, it is just and equitable to make an order for possession, it may treat the tenancy under which the dwelling-house was let as a protected shorthold tenancy.