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The Private Tenancies (Northern Ireland) Order 2006

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This is the original version (as it was originally made).

Cessation of certificate of fitness

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38.—(1) Subject to paragraph (2), a certificate of fitness ceases to have effect if–

(a)a relevant notice is served in respect of a house which is or includes the dwelling-house in relation to which the relevant notice was issued, and

(b)the period within which an appeal may be brought against the relevant notice has expired.

(2) Where an appeal is brought against a relevant notice, the certificate of fitness–

(a)shall not cease to have effect until after the final determination of the appeal, and

(b)shall cease to have effect then only if the relevant notice is confirmed.

(3) In this Article, “relevant notice” means a notice under–

(a)Article 18 (notice of unfitness);

(b)Article 36(5) (notice of refusal); or

(c)Article 41 of the Housing (Northern Ireland) Order 1981 (NI 3) (repair notice).

(4) A certificate of fitness does not cease to have effect because of the termination of the tenancy of the dwelling-house in respect of which the certificate of fitness was issued.

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