- Latest available (Revised)
- Original (As made)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Private Tenancies (Northern Ireland) Order 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Order, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
4. (1) Where, on or after the commencement of this Order, a private tenancy of a dwelling-house is granted, the landlord under the tenancy shall, within 28 days after the date on which the tenancy is granted, give to the tenant a notice in such form, and containing such particulars and other information relating to the tenancy, as may be prescribed.
(2) Where, on or after the commencement of this Order, a prescribed term of a private tenancy of a dwelling-house is varied, the landlord under the tenancy shall, within 28 days after the date on which the term of the tenancy is varied, give to the tenant a notice in such form, and containing such information relating to the variation of the term, as may be prescribed.
(3) Paragraph (2) applies whether the private tenancy was granted before or after the commencement of this Order, and in that paragraph “varied” includes varied by omission.
(4) A tenant shall not be required to make a payment in respect of any notice under this Article.
(5) A landlord who fails to comply with paragraph (1) or (2) shall be guilty of an offence under this Order.
5. (1) The landlord of a dwelling-house let under a private tenancy shall, within 28 days after the date on which the tenancy is granted, provide the tenant with a rent book for use in respect of the dwelling-house.
(2) A rent book–
(a)shall be used to maintain a written record of rent and other payments made in respect of a tenancy, and
(b)shall contain such particulars and information relating to the tenancy as may be prescribed.
(3) A tenant shall not be required to make a payment in respect of the provision of a rent book.
(4) If the landlord under a private tenancy fails to comply with paragraph (1), he and, subject to paragraph (6), any person who on his behalf demands or receives rent in respect of the dwelling-house held under that tenancy while the failure continues, shall be guilty of an offence under this Order.
(5) If any default in respect of which a landlord is convicted of an offence under paragraph (4) continues for more than 14 days after that conviction, that landlord shall be deemed to have committed a further offence under that paragraph in respect of that default.
(6) If any person other than the landlord is charged with an offence under paragraph (4), it shall be a defence for him to prove that he neither knew nor had reasonable cause to believe this Article had not been complied with.
6. The provisions set out in Articles 7 to 11 apply in relation to–
(a)any private tenancy of a dwelling-house granted on or after the commencement of this Order, and
(b)any protected or statutory tenancy which immediately before the commencement of this Order was a regulated tenancy under the Rent Order;
but only in so far as those provisions are not inconsistent with any express provision in the contract of tenancy.
7. (1) The landlord under a private tenancy–
(a)shall keep in repair the structure and exterior of the dwelling-house comprised in that tenancy;
(b)shall, subject to Article 8, keep in repair the interior of the dwelling-house;
(c)shall keep in repair and in proper working order–
(i)the installations in the dwelling-house for the supply and use of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences),
(ii)the installations in the dwelling-house for space heating or heating water,
(iii)any appliances for making use of the supply of water, gas or electricity which the landlord has provided under the terms of the tenancy, and
(iv)any fixtures, fittings or furnishings which the landlord has provided under the terms of the tenancy.
(2) The duty imposed by paragraph (1)(a) includes a duty to keep exterior paintwork in reasonable order.
(3) In this Article “structure and exterior” includes drains, gutters and external pipes.
8. The tenant under a private tenancy–
(a)shall take proper care of the premises comprised in that tenancy as a good tenant;
(b)shall make good any damage to those premises wilfully or negligently done or caused to the premises by the tenant, by any tenant of his or by any other person lawfully living in or lawfully visiting the premises;
(c)shall keep the interior of the dwelling-house in reasonable decorative order; and
(d)shall not carry out any alterations to those premises without the consent of the landlord, but that consent shall not be unreasonably withheld.
9. Where a dwelling-house let under a private tenancy consists of a part of a building and the tenant under the private tenancy is entitled to the use (whether with others or not) for access or other purposes of other parts of the building or its curtilage, the landlord shall–
(a)keep in good order and condition any part of the building or curtilage which the tenant is entitled to use as mentioned above;
(b)ensure that any part of the building or curtilage which the tenant is entitled to use as mentioned above for access is adequately lit and safe to use.
10. The duties imposed on the landlord by Articles 7 and 9 do not require the landlord–
(a)to carry out works or repairs for which the tenant is liable by virtue of Article 8;
(b)to keep in repair or maintain anything–
(i)which was not constructed or provided by the landlord or any person from whom he derives title, or
(ii)which the tenant is entitled to remove from the dwelling-house;
(c)to rebuild or re-instate the dwelling-house in the case of destruction or damage by fire, or by tempest, flood or other inevitable accident.
11. (1) In determining the standard of repair required by virtue of Articles 7 to 9, regard is to be had to the age, character and prospective life of the premises.
(2) A landlord is not under a duty to carry out works by virtue of Articles 7 and 9 unless he has actual knowledge (whether because of notice given by the tenant or otherwise) of the need for those works.
12. (1) The tenant under a private tenancy shall permit the landlord, and persons authorised by him for the purpose, to enter the premises comprised in the tenancy at reasonable times and upon reasonable notice in order to–
(a)inspect the state of repair of the premises, and
(b)carry out any works which the landlord is under a duty to execute.
(a)the landlord under a private tenancy wishes to carry out any works which he is under a duty to execute, and
(b)the tenant will not permit him to do so,
the landlord may apply to the county court for an order empowering him, and persons authorised by him for the purpose, to enter the dwelling-house and carry out the works.
(3) An order under paragraph (2) may be made subject to conditions as to–
(a)the time at which the works are to be carried out, and
(b)any provision to be made for the accommodation of the tenant and his household,
as the court may think fit.
(4) Where, in the exercise of powers conferred by this Article, any damage is caused to the premises or any property in or on the premises by the landlord or any person authorised by him, the landlord shall make that damage good.
13. (1) Where, on or after the commencement of this Order–
(a)a private tenancy is granted, and
(b)the contract of tenancy does not provide that the duration of the tenancy is to be for a term certain,
the tenancy shall take effect for a term certain of 6 months, beginning on the day on which the tenant is entitled to take possession of the dwelling-house.
(2) Nothing in this Article applies to a statutory tenancy.
14. (1) A notice by a landlord or tenant to quit a dwelling-house let under a private tenancy shall not be valid unless it is given in writing not less than 4 weeks before the date on which it is to take effect.
(2) Paragraph (1) applies whether the private tenancy was granted before or after the commencement of this Order.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: