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The Private Tenancies (Northern Ireland) Order 2006

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45.—(1) Where–

(a)a dwelling-house is let under a controlled tenancy which is a protected tenancy or a statutory tenancy, and

(b)it appears to the landlord or tenant that there has been such a change in the circumstances relating to the dwelling-house or the tenancy as to make the registered rent no longer an appropriate rent,

the landlord or tenant may apply to the rent officer to have a further determination made in respect of the rent under that tenancy.

(2) An application under paragraph (1) shall be in such form and contain such particulars as may be prescribed.

(3) For the purposes of paragraph (1) but without prejudice to its generality, failure to comply, within the period specified by the appropriate district council, with a notice of unfitness or a notice of disrepair served in respect of a dwelling-house shall constitute a change of circumstances relating to the dwelling-house or tenancy.

(4) On receipt of an application under paragraph (1), the rent officer shall make a further determination of an appropriate rent under the tenancy.

(5) Paragraphs (2) to (6) of Article 42 and Articles 43 and 44 shall apply for the purposes of paragraph (4) of this Article in the same manner as those provisions apply for the purposes of paragraph (1) of Article 42.

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