The Prescribed Dwelling-house Regulations (Northern Ireland) 2007

Statutory Rules of Northern Ireland

2007 No. 38

LANDLORD AND TENANT

The Prescribed Dwelling-house Regulations (Northern Ireland) 2007

Made

25th January 2007

Coming into operation

1st April 2007

The Department for Social Development makes the following Regulations, in exercise of the powers conferred on it by Articles 31 and 72(1) of The Private Tenancies (Northern Ireland) Order 2006(1):

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as The Prescribed Dwelling-house Regulations (Northern Ireland) 2007 and shall come into operation on 1st April 2007.

(2) In these Regulations:—

“HMO grant” has the meaning assigned to it in Article 35(5) of the Housing (Northern Ireland) Order 2003;(2)

“house in multiple occupation” has the meaning assigned to it in Part IV of the Housing (Northern Ireland) Order 1992(3);

“the Order” means The Private Tenancies (Northern Ireland) Order 2006;

“renovation grant” means a grant paid under Article 50 of the Housing (Northern Ireland) Order 1992 or paid or payable under Article 40 of the Housing (Northern Ireland) Order 2003.

Prescribed dwelling-houses

2.—(1) Subject to paragraphs (2) and (3), a dwelling-house specified below is a prescribed dwelling-house for the purpose of Article 31 of the Order:

(a) A dwelling-house which was constructed after 1st January 1945 and before 6 November 1956;

(b) A dwelling-house in respect of which a renovation grant has been paid by the Executive under Part III of the Housing (Northern Ireland) Order 1992 or Part III of the Housing (Northern Ireland) Order 2003;

(c) A dwelling-house in respect of which an HMO grant has been paid by the Executive under Part III of the Housing (Northern Ireland) Order 1992 or Part III of the Housing (Northern Ireland) Order 2003; or

(d) A dwelling-house registered with the Executive as a house in multiple occupation;

(e) A dwelling-house which is or was formerly let under a protected or statutory tenancy and in respect of which a regulated rent certificate was issued under Article 9(2) of the Rent Order.

(2) A dwelling-house specified in paragraph (1)(b) or (c) is prescribed for a period of 10 years from the date of payment of the relevant grant.

(3) A dwelling-house specified in paragraph (1)(e) is prescribed for a period of 10 years from the date of the regulated rent certificate.

Sealed with the Official Seal of the Department for Social Development on 25th January 2007.

L.S.

D. M. Crothers

A senior officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Regulations)

These regulations prescribe classes and descriptions of “prescribed dwelling-house” for the purposes of Article 31 of The Private Tenancies (Northern Ireland) Order 2006.

They prescribe a dwelling-house—

(a) in respect of which a renovation or HMO grant has been paid, for a period of 10 years from the date of payment of the grant;

(b) registered as a house in multiple occupation; and

(c) in respect of which a regulated rent certificate was issued, for a period of 10 years from the date of the certificate.

(1)

S.I. 2006/1459 (N.I. 10)

(2)

S.I. 2003/412 (N.I. 2)

(3)

S.I. 1992/1725 (N.I. 15) as amended by S.I. 2003/412 (N.I. 2)