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The Housing (Northern Ireland) Order 2003

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N.I.

Interpretation of Part IIIN.I.

28.—(1) In this Part—

  • “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

  • “elderly” means aged 60 years or over;

  • “house in multiple occupation” has [F1the meaning given by section 1 of the Act of 2016] ;

  • “housing action area” has the same meaning as in Article 2(2) of the Order of 1981;

  • “improvement” includes alteration and enlargement;

  • “owner”, in relation to a dwelling, has the meaning given by Article 32, and, in relation to a house in multiple occupation, has [F2the meaning given by section 88(5) and (6) of the Act of 2016] ;

  • “owner's interest”, in relation to any premises, means—

    (a)

    a freehold estate in possession (whether legal or equitable), or

    (b)

    an interest under a tenancy granted or extended for a term of years of which not less than 10 years remain unexpired at the date of the application,

    whether held by the applicant alone or jointly with others;

  • “partner”, in relation to a person, means that person's spouse[F3 or civil partner] or a person other than a spouse[F3 or civil partner] with whom he or she lives as husband or wife[F3 or as if they were civil partners] ;

  • “rack rent” means a rent which is not less than two-thirds of the net annual value of the dwelling, or a rent which [F4is recoverable by virtue of the Private Tenancies (Northern Ireland) Order 2006];

  • “relevant authority” means the authority for the area in which the dwelling or building is situated; and references to an authority and to the area of an authority shall be construed in accordance with paragraphs (2), (3) and (4) of Article 2 of the Children (Northern Ireland) Order 1995 (NI 2);

  • “tenancy” includes a sub-tenancy and an agreement for a tenancy or sub-tenancy;

  • “tenant” includes a sub-tenant and any person deriving title under the original tenant or sub-tenant.

(2) Subject to paragraph (3) a tenancy is a long tenancy for the purposes of this Part if—

(a)it is a tenancy granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by a notice given by or to the tenant or by re-entry, forfeiture or otherwise; or

(b)it is a tenancy granted under an equity-sharing lease within the meaning of Article 31(6) of the Order of 1981.

(3) A tenancy is not a long tenancy for those purposes if it is an interest created by way of security and liable to termination by the exercise of a right of redemption or otherwise.

(4) In this Part references to a person being connected with the owner of a dwelling shall be construed in accordance with Article 31.

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