Q. Why is there no annual increase being applied to registered tenancies this year?

A. The provisions of the Rent Order which allow for annual increases (Article 33) were repealed on 1 April 2007.  As a result the maximum rent for 'old' regulated tenancies has not changed. For any increase to be applied after 1 April 2007, a landlord must apply to the Rent Officer for Northern Ireland under the Private Tenancies Order 2006 which came into effect on 1 April 2007.

Q. What effect does the new law have on the rents of 'old' registered tenancies?

A. If a tenancy was formally registered with the Housing Executive and:

The property will be assumed to meet the fitness standard. No fitness inspection is required and the landlord can apply direct to the Rent Officer to set a new rent. (See "Apply to the Rent Officer" section to download a Registration Form.)

Q. What happens if the tenancy isn’t exempt?

A. If a current regulated tenancy does not fall into one of the above categories, the landlord can still apply direct to the Rent Officer but the new rent determined will be based on the assumption that the property does not meet the fitness standard.  In order to maximise the rent that can be charged, the landlord will need to apply to the district council for a fitness inspection.
Landlords should contact their district council environmental health department for further information.  Visit our Useful Links page for contact information on district councils.

Private tenancies order

Q - Are properties owned by registered housing associations or the Housing Executive covered by the new law?

A - No - only properties owned by private landlords are covered by the Private Tenancies Order (PTO).  However it is possible to have a private tenancy of a dwelling which was formerly a Housing Executive or Housing Association property.

Q - What about unregistered Housing Associations?

A - Unregistered housing associations are classified as private landlords and come within the remit of the Private Tenancies Order.

Q - What about co-ownership housing: do these tenants come under the Private Tenancies Order and as such do they require Rent Books and Statements of Tenancy Terms?

A - Co-ownership is a form of house purchase.  Participants are equity sharing leaseholders with a registered housing association and so are not subject to the PTO.  If however the ‘rented’ element of the property is purchased outright and thus ceases to be part of the co-ownership scheme, the owner may rent it to a tenant at which point the property would be subject to the PTO.

Q - Does the Private Tenancies Order apply if the occupier is employed as the resident caretaker of a building?

A - If someone occupies accommodation as part of their employment contract and it is essential that they live in the accommodation in order to carry out the duties of their job, then the person is not a tenant and the PTO does not apply to him/her.  Such a person is often referred to as a ‘tied tenant’ or a ‘service occupier’.  One example of this would be a school caretaker, provided that the nature of their employment requires the caretaker to live ‘on the job’.  However it is possible for someone to be employed by a
person who is also the landlord of their home.  If they do not have to live in the accommodation in order to do their job, they will be a tenant and covered by the PTO.

Q - If the landlord has not provided the tenant with a Rent Book, can the landlord demand payment for rent?

A - Yes, but it is an offence not to supply a rent book.  District Councils have the power to prosecute landlords who fail to provide a rent book or a statement of tenancy terms.

Q - Can a landlord provide all the information required in one book, which covers the requirements of both Rent Book and Tenancy Statement of Terms, or does he need to use two books?

A - No, as long as the information is given to the tenant, and the format is such that it can be presented for updating to the landlord or agent, one document is satisfactory.

Q - What about rent books for tenancies which started before 1 April 2007?

A - Tenancies which began before 1 April 2007 are covered by the 2004 Rent Book Regulations and these continue to apply in such cases.  It has been a legal requirement to provide a rent book for all private tenancies since 1978.

Q - How often does a landlord have to update the rent book?

A - It is up to the tenant to present the landlord or his agent with the rent book to allow it to be updated.

Q - Even if payment is made by direct debit has the landlord to provide a Rent Book and Tenancy Statement of Terms?

A - Yes, for tenancies beginning after 1 April 2007, a rent book and statement of tenancy terms must be provided, even if Housing Benefit payments are made directly to the landlord and no money changes hands between tenant and landlord.

Q - What is the effect on the tenancy if the landlord has failed to provide a rent book or tenancy statement?

A - By failing to provide a rent book or tenancy statement within 28 days of the start of the tenancy, a landlord has committed an offence.  In addition, once 28 days have elapsed, the default terms under the PTO will come into force. This means that the tenant will have been granted a 6-month tenancy and the repairing obligations of both landlord and tenant will be defined according to the default provisions of the PTO.

Q - What if the rent book and statement of tenancy terms do not comply with the regulations?

A - It is an offence to only partially fulfil all requirements but a district council will normally not consider prosecution if the landlord provides the information promptly once any omissions have been pointed out to him. However, if the required information on repairing obligations is omitted or unclear, the default terms will apply and the landlord cannot subsequently override these.

Q - My landlord has not provided me with a rent book but he lives in the Republic of Ireland.  What can I do?

A - If he has an agent who collects the rent then the obligation also rests with this agent.  Although an agent can claim that he did not know that no rent book had been provided, it would not be reasonable for him to rely on this defence if the district council has advised him of his responsibilities.

Q - Is the tenant entitled to receive a signed copy of the Tenancy Agreement?

A - It is an offence to fail to provide a statement of the terms of the tenancy within 28 days of the tenancy commencement, but this does not require the tenant to be provided with a copy of the tenancy agreement. However it is good practice for an agent or landlord to provide this.  It may, in itself, be sufficient to satisfy the requirement to provide a statement of the terms of the tenancy.

Q - What should the landlord do if he wants to vary any of the terms of the tenancy?

A - The landlord must issue a written notice on the effect of the variation to the tenant.

Q - Does the landlord have to comply with the default repairing obligations as a minimum standard?

A - A landlord and tenant are free to agree whatever repairing obligations they wish, provided this is detailed in the statement of tenancy terms.  However if the agreement creates an ‘unfair’ division of responsibilities it may be unlawful under the unfair contract terms legislation.  If you need guidance on whether an agreement is unfair or not, contact Trading Standards who have the power to investigate under consumer protection legislation.

Q - Can a Notice of Unfitness or Notice of Disrepair be served on the tenant?

A - No. These notices are always served on the owner of the dwelling or building.

Q - Can a Notice of Unfitness be served on vacant premises?

A - No, a district council’s powers only apply to private rented properties.  However the Housing Executive has powers to serve enforcement notices on all buildings, regardless of whether or not they are occupied.

Q - If the communal parts of a building in which a privately rented flat is located are unfit, on whom do you serve the notice of unfitness?

A - The notice will be served on the owner of the building, who may not be the same person as the owner of the flat.

Q - Will a Notice of Unfitness result in the property being subject to rent control?

A - Yes, but only if the property is not exempt from rent control because it is prescribed (see questions on prescribed tenancies).

Q - What happens if a property becomes vacant and the district council has already started unfitness enforcement proceedings?

A - The council is entitled to continue with enforcement proceedings.

Q - Does a Notice of Unfitness attract grant aid from the Housing Executive?

A - Grants for private rented properties are discretionary, although an unfit private tenancy would be given a high degree of priority by the Housing Executive.  Where a district council intends to issue a Notice of Unfitness, the landlord will be advised about how to apply for grant aid.

Q - Does a Notices of Disrepair attract grant aid from the Housing Executive?

A - A mandatory repair grant is available for Notices of Disrepair but only where these are issued in respect of protected and statutory tenancies.

Q - Must a fee of £50 accompany the application form?

A - District councils are entitled to charge a fee of £50, which must accompany the application form.  If a property is found to be unfit, a notice of refusal will be issued and rent control will apply.  Once the landlord has made the property fit, he must re-apply to the district council to have a further inspection carried out.  There is a second fee of £100 payable for this second inspection.

Q - I’m not sure if the property is exempt as I don’t know the date it was built or if the relevant grants or certificate were issued. Will I get the fee back if it turns out to be exempt?

A - The onus is on the landlord to ensure he is applying correctly.  The council is not under an obligation to process an incomplete application form or to research the background to a property.  The £50 does not have to be returned to the landlord if it emerges that the property is exempt. The application form gives full details in the notes section regarding which properties are exempt from the requirement to have a fitness inspection.

Q - I believe the property was built after 1945 but can find no documentary proof.  What should I do?

A - The duty to request a fitness inspection only relates to post 1945 properties.  If an application is made, the district council may assume that the dwelling was constructed before 1945 unless the contrary is shown.

Q - Can the tenant apply for a certificate of fitness?

A - A tenant can apply to the district council to have a fitness inspection carried out, but only if a certificate of fitness is in effect and the tenant has reason to believe that the property has become unfit.  If the dwelling is a prescribed dwelling the tenant cannot apply for a certificate of fitness.

Q - Will a notice of refusal attract a Housing Executive grant?

A - No, although if the council decides to pursue enforcement action in relation to the dwelling, a grant may be payable on the basis of a Notice of Unfitness.

Q - Is there any advantage to applying for a certificate of fitness even if the tenancy commenced before 1 April 2007?

A - District councils can issue a certificate of fitness in cases where the dwelling was constructed before 1945 and the tenancy began before 1 April 2007.  Landlords of protected tenancies may wish to apply for a certificate of fitness as this has a major impact on the amount of rent which can be charged for such tenancies (see section on protected tenancies).

Q - If there are five separate apartments in a single building, does each one require an application?

A - Yes.  Each separate tenancy address requires a separate fitness inspection.

Q - If a large house has been converted into separate flats, what age are the flats?

A - Normally the age of the original building will determine the age of the property, not the date of any subsequent conversion, modernisation or refurbishment.

Q - If I gut the inside of a house but leave the outside walls, what age is the property considered to be?

A - If what is left of the original building is a supporting structure and holds up structural beams, it is considered to be a refurbishment rather than a reconstruction.  As a result, the original construction date will continue to apply.  However, if only a single decorative wall remains which is not supporting any other parts of the structure, the property will be considered to be a new building. Where, for example, an old barn is converted into a dwelling or flats, a certificate of fitness will be required if the date of construction of the barn was before 1945.

Q - Do the deeds of a property provide conclusive proof of the date of construction?

A - Not necessarily - a property may have been built in the 1900’s but only have had deeds drafted in the 1950’s.  A district council is entitled to seek complementary proof where there is doubt regarding age, however, where no satisfactory evidence can be obtained, the property will be assumed to have been built before 1945.

Q - How long does a certificate of fitness last?

A - A certificate of fitness lasts indefinitely unless the dwelling is inspected by the district council or the Housing Executive, found to be unfit and:

Q - Can an agent complete the landlords’ application form for a Certificate of Fitness?

A - Yes, but the landlord’s name and address must be provided.

Q - I had a renovation grant paid 8 years ago and am thus exempt from the requirement to have a fitness inspection.  In 2 years time when the 10-year exemption has expired, must I apply for an inspection even if the same tenant is residing in the property?

A - In the case of an ongoing tenancy, there is no requirement to have a fitness inspection once the 10-year exemption has ended, although the landlord can apply at any time for a fitness inspection. However once a new tenancy begins, an inspection must be applied for within 28 days of the new tenancy beginning. In the case of a protected / statutory tenancy, once the 10-year exemption has expired the tenant can apply to the Rent Officer to have the rent redetermined under a change of circumstances application.  This could result in a significant reduction in the rent because the property will no longer be ‘deemed fit’.

Q - If a protected tenancy is exempt by virtue of the prescribed dwelling regulations, for example because a regulated certificate was issued within the last 10 years, what happen if this exemption runs out in 2 years time?  Is a certificate of fitness needed in order to increase the rent in 2 years time, or should the certificate of fitness be applied for in advance of the expiry date?

A - The property will be assumed to be fit until the 10-year exemption period expires.  If either landlord or tenant then applies to the Rent Officer to have a new rent
determination made, it will be assumed to be unfit.  District Councils are prevented from carrying out a certificate of fitness inspection until the 10 years have elapsed.

Q - I own a property which is let under a protected tenancy and which is exempt from the requirement to have a fitness inspection.  How can I get the rent increased?

A - if the property is exempt, the landlord can apply directly to the Rent Officer to have a new rent determined under the PTO. The form can be downloaded from the ‘Apply to the Rent Officer’ section of this website.  Information on the reason why the property is exempt from the requirement to have a fitness inspection is required and the Rent Officer will verify this information with the district council or the Housing Executive as the case may be.

Q - Which properties are now subject to rent control as a result of the Private Tenancies Order’s introduction?

A - Private tenancies are subject to rent control if they are:

Q - How does rent control come into effect?

A - Once the district council has issued a notice of refusal on a non-protected tenancy or a certificate of fitness OR notice of refusal on a protected tenancy, it sends a copy of the notice, together with relevant information on the property, to the Rent Officer for Northern Ireland, who then assesses an appropriate rent for the property, based on a number of factors.

Q - Why does the district council convey information to the Rent Officer?

A - The condition of the property and its fitness status is of considerable importance in the process of determining a controlled rent.  Where the district council has

inspected the property, the Rent Officer will use its assessment of the condition of the property as part of the process of determining a rent.  The district council will send information to the rent officer when:

Q - What are the relevant factors in determining the level of rent?

A - The main factors which influence the amount of rent are: