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The Private Tenancies (Northern Ireland) Order 2006

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Notice of disrepair

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19.—(1) Where the appropriate district council is satisfied–

(a)that any dwelling-house to which this Part applies is in such a state of disrepair that, although fit for human habitation, substantial repairs are necessary to bring it up to a reasonable standard, having regard to its age, character and locality; or

(b)whether on a representation made by an occupying tenant or otherwise, that such a dwelling-house is in such a state of disrepair that, although fit for human habitation, its condition is such as to interfere materially with the personal comfort of the occupying tenant;

it may, subject to the provisions of this Part, serve a notice of disrepair under this paragraph on the owner of the dwelling-house.

(2) Where the appropriate district council is satisfied–

(a)that any building containing a dwelling-house to which this Part applies and which is a flat is in such a state of disrepair that, although the flat is fit for human habitation, substantial repairs are necessary to a part of the building outside the flat to bring the flat up to a reasonable standard, having regard to its age, character and locality; or

(b)whether on a representation of an occupying tenant or otherwise, that such a building is in such a state of disrepair that, although the flat is fit for human habitation, the condition of the part of the building outside the flat is such as to interfere materially with the personal comfort of the occupying tenant;

it may, subject to the provisions of this Part, serve a notice of disrepair under this paragraph on the owner of the building.

(3) The appropriate district council, in addition to serving a notice of disrepair in accordance with paragraph (1) or (2)–

(a)shall serve a copy of the notice on the tenant of the dwelling-house, and

(b)may also serve a copy of the notice on any other person having an estate in the dwelling-house.

(4) A notice of disrepair shall–

(a)require the person on whom it is served, to execute the works specified in the notice, not being works of internal decorative repair, within such reasonable period, not being less than 21 days after service of the notice, as may be so specified; and

(b)state the appropriate district council’s reasons for serving the notice.

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