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Modifications etc. (not altering text)
C1Pt. 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))
39. In this Chapter–
“appropriate rent” means an appropriate rent for a rental period;
“the appropriate standard of fitness” shall be construed in accordance with Article 40(3);
“controlled tenancy” has the meaning given in Article 40(4);
“the register of rents” means the register established under Article 46;
“registered rent”, in relation to a controlled tenancy of a dwelling-house, means the rent entered in the register of rents as an appropriate rent under that tenancy;
“rent assessment committee” means a committee constituted under Schedule 1;
“the rent limit” means the rent limit under Article 48;
“rental period” means a period in respect of which a payment of rent falls to be made.
40.—(1) A tenancy of a dwelling-house is subject to rent control if the tenancy is for the time being a protected tenancy or a statutory tenancy.
(2) A tenancy of a dwelling-house is subject to rent control if–
(a)the tenancy–
(i)is not a protected tenancy or a statutory tenancy, but
(ii)is a private tenancy granted on or after the commencement of this Order; and
(b)the dwelling-house–
(i)was constructed before 6th November 1956 or was provided by conversion of a building that was constructed before that date, and
(ii)does not meet the appropriate standard of fitness.
(3) A dwelling-house does not meet the appropriate standard of fitness unless–
(a)it is a prescribed dwelling-house, or
(b)a certificate of fitness is in effect in respect of it.
(4) A tenancy which is subject to rent control is referred to in this Chapter as a “controlled tenancy”.