The Housing (Northern Ireland) Order 1983 No. 1118 (NI. 15)

SCHEDULES

Article 25 (1).

SCHEDULE 2 N.I. TENANCIES WHICH ARE NOT SECURE TENANCIES

Long leases N.I.

1.  [F1 N.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.]

F1 2003 NI 2

F2 1986 NI 13

[F3 Introductory tenancies N.I.

F3 2003 NI 2

[F4 1A.   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.]]

F4 2003 NI 2

Premises occupied under contract of employment N.I.

2.—(1)  [F5 Subject 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.]

F5 2003 NI 2

Land acquired for development N.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 [F6 section 23 of the Planning Act (Northern Ireland) 2011] ) and the dwelling-house is used by the landlord, pending development of the land, as temporary housing accommodation. N.I.

F6 Words in Sch. 2 para. 3 substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 46 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

[F7 Accommodation for homeless persons N.I.

F7 2003 NI 2

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.

[F8 Accommodation for asylum‐seekers N.I.

F8 1999 c.33

3A.— (1) A tenancy is not a secure tenancy if it is granted in order to provide accommodation [F9 under 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.]

F9 Words 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.

F10 ... N.I.

F10 Sch. 2 para. 3B and cross-heading repealed (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), reg. 1(2), Sch. 3; 2020 c. 1, Sch. 5 para. 1(1)

F10 3B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Temporary letting to person seeking accommodation N.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 arrangements N.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 works N.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.

F11 1986 NI 13

Licensed premises N.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 tenancies N.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.

F12 1996 NI 5

[F13 Defective dwelling‐houses N.I.

F13 1986 NI 13

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.]

[F14 Qualifying shorthold tenancies N.I.

F14 2003 NI 2

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.]