Rent order legislation

2006 Rent Orders came into effect from the 1st April 2007.

All properties that become vacant, except the following, will come under the criteria of the Rent Order 2006:

Properties which become vacant, owners/agent must make an application within 28 days of creating a new tenancy.

The Exemptions

• Received a HMO grant within 10 years
• HMO License is registered
• Renovation grant within the last 10 years
• Regulated rent certificate issued in the last 10 years
• The property was built after the 1st January 1945

Application fees are £50. If they fail, then a re-inspection costs £100.

Tenants can apply for a fitness inspection - councils will write and inform owners/agents of any necessary repairs. If repairs are not carried out then a certificate of unfitness will be issued. The rents will be reduced to regulated rents until the house is re-inspected and classed as fit again. At this stage the council can't state how long our inspection will take.

Properties in the rent order will stay out when they become vacant.

Under protected tenancies - Rent Order 1978, the succession line will be reduced from 2 to 1.

If the properties are post 1945 and an application fee is paid, it will not be refunded.

Criteria

Pre 1945

If an owner fails to make a necessary application and at some time a certificate of disrepair is issued, the Rent Officer will backdate the fall in rent to the date of tenancy. This could cause hardship if the tenant has been in situe for several years.

The Council can do the necessary works and will charge the owner for the works and a fee for doing so. If they have to take this cause of action, then they will put a legal lean on the property.

The Rent Order 2006 has similar clauses as per the Rent Order 1978:

Rent books must be issued to tenants with the landlords name and address.
Terms and conditions in relation to the repairs must be stated - otherwise the department will consider it to be the landlord's responsibility
The tenant does have the right to say no to landlords for repairs, the council will not then issue an unfitness certificate, if this is the case
Housing (Amendment) Act (Northern Ireland) 2011

Notice periods of termination of tenancy

5 years or less - 4 weeks' notice
More than 5 years to 10 years - 8 weeks' notice
More than 10 years - 12 weeks' notice
Information can be downloaded from www.dsdni.gov.uk.