Article 25 (1).
SCHEDULE 2N.I.TENANCIES WHICH ARE NOT SECURE TENANCIES
Long leasesN.I.
1. [F1N.I.
(1)] A tenancy is not a secure tenancy 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 notice given by the tenant or by re-entry or forfeiture; or
(b)it is a tenancy created by an equity-sharing lease within the meaning of Article 31 (6) of the principal Order.
[F2[F1(2)] For the purposes of this paragraph a tenancy granted in pursuance of Chapter 1 of Part II of this Order is a long lease notwithstanding that it is granted for a term not exceeding 21 years.]
[F3Introductory tenanciesN.I.
[F41A. A tenancy is not a secure tenancy if it is an introductory tenancy or a tenancy which has ceased to be an introductory tenancy—N.I.
(a)by virtue of Article 15(3) of the Housing (Northern Ireland) Order 2003 (disposal on death to non-qualifying person), or
(b)by virtue of the tenant, or in the case of a joint tenancy every tenant, ceasing to occupy the dwelling-house as his only or principal home.]]
Premises occupied under contract of employmentN.I.
2.—(1) [F5Subject to sub-paragraph (3)] a tenancy is not a secure tenancy if the tenant is an employee of the landlord and his contract of service requires him to occupy the dwelling-house for the better performance of his duties.N.I.
(2) In sub-paragraph (1) “contract of service” means a contract of service or apprenticeship, whether express or implied and (if express) whether oral or in writing.
[F5(3) A tenancy under sub-paragraph (1) shall become a secure tenancy if the landlord notifies the tenant that the tenancy is to be regarded as a secure tenancy.]
Land acquired for developmentN.I.
3. A tenancy is not a secure tenancy if the dwelling-house is on land which has been acquired for development (within the meaning of Article 11 of the Planning (Northern Ireland) Order[F6 1991]) and the dwelling-house is used by the landlord, pending development of the land, as temporary housing accommodation.N.I.
[F7Accommodation for homeless personsN.I.
3A. A tenancy granted by the landlord in pursuance of any function of the Executive under Part II of the Housing (Northern Ireland) Order 1988 (housing the homeless) is not a secure tenancy unless the landlord has notified the tenant that the tenancy is to be regarded as a secure tenancy.]N.I.
[F8Accommodation for asylum‐seekersN.I.
3A.—(1) A tenancy is not a secure tenancy if it is granted in order to provide accommodation [F9under section 4 or Part VI of the Immigration and Asylum Act 1999] .N.I.
(2) A tenancy mentioned in sub‐paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be reguarded as a secure tenancy.]
F9Words in Sch. 2 para. 3A(1) substituted (16.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 43(4)(b), 62; S.I. 2006/1497, art. 3, Sch.
[F10Accommodation for persons with Temporary ProtectionN.I.
3B. A tenancy is not a secure tenancy if it is granted in order to provide accommodation under the Displaced Persons (Temporary Protection) Regulations 2005.]N.I.
Temporary letting to person seeking accommodationN.I.
4. A tenancy is not a secure tenancy if the dwelling-house is let by the landlord expressly on a temporary basis to a person moving into an area to take up employment there, and for the purpose of enabling him to seek accommodation in the area.N.I.
Short-term arrangementsN.I.
5. A tenancy is not a secure tenancy if—N.I.
(a)the dwelling-house has been leased to the landlord with vacant possession for use as temporary housing accommodation;
(b)the terms on which it has been leased include provision for the lessor to obtain vacant possession from the landlord on the expiry of a specified period or when required by the lessor;
(c)the lessor is not a body which is capable of granting secure tenancies; and
(d)the landlord has no interest in the dwelling-house other than under the lease in question or as mortgagee.
Temporary accommodation during worksN.I.
6. A tenancy is not a secure tenancy if—N.I.
(a)the dwelling-house has been made available for occupation by the tenant[F11 (or a predecessor in title of his)] while works are carried out on the dwelling-house which he previously occupied as his home; and
(b)the tenant[F11 or predecessor] was not a secure tenant of that other dwelling-house at the time when he ceased to occupy it as his home.
Licensed premisesN.I.
7. A tenancy is not a secure tenancy if the dwelling-house consists of or comprises premises licensed for the sale of intoxicating liquor for consumption on the premises.N.I.
Business tenanciesN.I.
8. A tenancy is not a secure tenancy if it is one to which[F12 the Business Tenancies (Northern Ireland) Order 1996] applies.N.I.
[F13Defective dwelling‐housesN.I.
9. A tenancy is not a secure tenancy if—N.I.
(a)the tenant became a tenant of the landlord by virtue of the landlord's acquisition of an interest in the dwelling‐house under Part II of the Housing (Northern Ireland) Order 1986; and
(b)the tenant is not entitled to be granted a secure tenancy under paragraph (2) or (3) of Article 11 of that Order.]
[F14Qualifying shorthold tenanciesN.I.
10.—(1) A tenancy is not a secure tenancy if it is a qualifying shorthold tenancy within the meaning of sub-paragraph (2).N.I.
(2) A tenancy which is granted—
(a)after the coming into operation of Article 134 of the Housing (Northern Ireland) Order 2003; and
(b)for a term certain of not less than one year and not more than 5 years,
is a qualifying shorthold tenancy if and so long as—
(i)the estate of the landlord belongs to a registered housing association; and
(ii)the tenancy satisfies such other requirements or conditions as may be prescribed.]