Housing (Northern Ireland) Order 1981

[F1 Disposal of houses let by the Executive to secure tenants N.I.

88C.— (1) Subject to the following provisions of this Article, the Executive may, with the consent of the Department, dispose of its interest as landlord of any house occupied by a secure tenant.

(2) The Department's consent may be given—

(a) either generally in relation to all houses or in relation to any particular house or description of house; and

(b) subject to conditions.

(3) The Department shall not entertain an application for its consent under paragraph (2) unless it is satisfied that the Executive—

(a) has, in accordance with the requirements of paragraphs (4) and (5), consulted—

(i) every tenant of a house to which the application relates, or

(ii) every such tenant other than one expected to have vacated the house in question before the disposal;F2 . . .

Sub.‐para. (b) rep. by 2003 NI 2

(4) For the purposes of paragraph (3) the requirements as to consultation are that the Executive shall serve notice in writing on the tenant informing him of—

(a) such details of its proposal as the Executive considers appropriate, but including the identity of the person to whom the disposal is to be made,

(b) the likely consequences of the disposal for the tenant, and

(c) the effect of the provisions of this Article,

and informing him that he may, within such reasonable period as may be specified in the notice, make representations to the Executive.

(5) The Executive shall consider any representations made to it within that period and shall serve a further written notice on the tenant informing him—

(a) of any significant changes in its proposal, and

(b) that he may within such period as is specified (which must be at least 28 days after the service of the notice) communicate to the Executive his objection to the proposal,

and informing him of the effect of[F2 paragraphs (5A) and (5B)].

[F2 (5A) The Department shall not give its consent if it appears to the Department that a majority of the tenants of the houses to which the application relates do not wish the disposal to proceed; but this does not affect the Department's general discretion to refuse consent on grounds relating to whether a disposal has the support of the tenants or on any other ground.

(5B) In making its decision the Department may have regard to any information available to it; and the Executive shall give the Department such information as to the representations made to it by tenants and others, and other relevant matters, as the Department may require.]

Para. (6) rep. by 2003 NI 2

(7) For the purposes of this Article the grant of an option which if exercised would result in a secure tenant of the Executive becoming the tenant of another landlord shall be treated as a disposal of the interest which is the subject of the option.

(8) Where a disposal of land by the Executive is in part a disposal to which this Article applies, the provisions of this Article apply to that part as to a separate disposal.

(9) The Department's consent to a disposal is not invalidated by a failure on its part or that of the Executive to comply with the requirements of this Article.]

F1 1992 NI 15

F2 2003 NI 2

Modifications etc. (not altering text)

C1 Art. 88C applied (2.5.2011) by Introductory Tenancies (Disposal of Houses) Order (Northern Ireland) 2011 (S.R. 2011/54), art. 2