The Private Tenancies (Northern Ireland) Order 2006 No. 1459 (NI. 10)

PART IV N.I. CERTIFICATES OF FITNESS AND RENT CONTROL

Modifications etc. (not altering text)

C1 Pt. IV (arts. 30-55) modified (1.10.2010) by Registered Rents (Increase) Order (Northern Ireland) 2010 (S.R. 2010/285), art. 2(1) (subject to art. 2(2))

CHAPTER III N.I. TENANCIES SUBJECT TO RENT CONTROL

The rent limit N.I.

Rent in excess of rent limit to be irrecoverable by landlord N.I.

50.—(1) Notwithstanding anything in any agreement, any amount by which the rent payable in respect of a controlled tenancy of a dwelling-house exceeds the rent limit for that tenancy shall be irrecoverable from the tenant.

(2) Any person who, in any rent book or similar document, makes an entry showing or purporting to show any tenant as being in arrears in respect of any sum on account of rent which is irrecoverable by virtue of this Article, shall be guilty of an offence under this Order, unless he proves that, at the time of the making of the entry, the landlord had a bona fide claim that the sum was recoverable.

(3) If, where any such entry has been made by or on behalf of the landlord, the landlord on being requested by or on behalf of the tenant to do so, refuses or neglects to cause the entry to be deleted within 7 days, the landlord shall be guilty of an offence under this Order, unless he proves that, at the time of the neglect or refusal to cause the entry to be deleted, he had a bona fide claim that the sum was recoverable.

[F1 (4) In paragraph (2) “similar document” does not include a receipt under Article 5(2).]

Textual Amendments

F1 Art. 50(4) inserted (1.4.2023) by Private Tenancies Act (Northern Ireland) 2022 (c. 20), ss. 3(3), 14(7); S.R. 2023/20, art. 2, Sch.