Housing

The Private Tenancies Act (Northern Ireland) 2022 comes into force on 1 April 2023 and provides greater protections for those living in the Private Rented Sector. 

Landlords and Tenants need to be aware of the changes the new legislation will introduce.

The new requirements for landlords include providing tenants with a free notice containing tenancy information.  This includes current tenants who have not already received this type of tenancy information.  Landlords must also provide tenants with a notice of variation when any changes are made to their tenancies and must provide receipts to tenants for any cash payments relating to their tenancy.

Tenants can no longer be asked to pay a tenancy deposit of more than one month’s rent and the time a landlord has to protect a tenancy deposit and provide the required information to a tenant has increased. Offences relating to protecting tenancy deposits have been made continuing offences so even if a tenant only realises at the end of the tenancy that their tenancy deposit should have been protected but wasn’t, the landlord can still face a penalty.

Further Information can be found here on the Department for Communities web page

https://www.communities-ni.gov.uk/articles/private-tenancies-act-northern-ireland-2022

Future changes to the private rented sector are planned which will introduce increased regulation in relation to:

• Fire, Smoke and Carbon Monoxide Alarms
• Energy Efficiency of Dwellings
• Electrical Safety Standards
• Standardisation of Notice to Quit documents
• Increasing the ways a tenant can pay their rent.

DfC Private Tenancy Act Booklet March 2023

DfC Private Tenancy Act Leaflet March 2023

All landlords with properties in Northern Ireland must be registered with the Department for Communities (DFC) Landlord Registration Scheme and have a Landlord Registration certificate. The certificate is valid for three years and costs £70.00

For more information visit Landlord Registration Scheme | nidirect

Environmental Health Departments in Northern Ireland enforce this scheme for DSD, and if a landlord fails to register or provides false information for registration we can issue them with a fixed penalty of up to £500, or take offenders to court where they could be fined up to £2,500.

The law says you must give your tenants

• a rent book
• a gas safety certificate, for any gas appliances in the property
• information on the tenancy deposit protection scheme you've chosen to protect the tenant's deposit and some prescribed information relating to the deposit
• an inventory.
• an Energy Performance Certificate

The Private Tenancy Act (NI) has introduced the requirement for all tenants to be provided with

• Tenancy Information Notice
• Receipt for cash payments

Please see the next sections for further information on this.

For any tenancy beginning on or after 1st April 2023, a landlord must provide a Tenancy Information Notice to the tenant within 28 days of granting the tenancy and it must be free of charge. The format of the tenancy information notice is set in law and a template notice is available here

DfC PTA Tenancy Info Notice doc

DfC PTA Tenancy Info Notice Notes pdf

Landlords must provide the same notice to tenants whose tenancies were granted between 30 June 2011 and 30 March 2023, unless they have already been provided with the same information. This is called a Tenancy Information Notice for Past Terms.

If a tenancy term is varied (regardless of the start date of the tenancy) a landlord must within 28 days of date of tenancy being varied, give to the tenant a notice containing information relating to variation. It must be free and the format of the notice is set in law also. This is called a Notice of Variation and a template notice is available here

DfC PTA Notice of Variation doc

DfC PTA Notice of Variation Notes pdf

Failure to comply with any of the above requirements will result in a Fixed Penalty Notice of £500 being issued for each offence upon the landlord with the possibility of further legal action should non-compliance continue.

Landlords must provide a receipt for rent paid in cash. It must be given when payment is made or as soon as reasonably possible, and should contain:

-      Date

-      Reason for payment

-      Amount paid

-      Any arrears

Separate receipts must be given for part payments.

Failure to comply with the above requirement will result in a Fixed Penalty Notice of £500 being issued upon the landlord with the possibility of further legal action should non-compliance continue.

You must provide all of your tenants with a Rent Book.

A tenancy deposit is a sum of money which you may ask a tenant to pay at the start of a private tenancy. This is held by you as protection against damages to the property or for unpaid rent.

Securing the Deposit

All deposits must be secured within an approved scheme in Northern Ireland. If you take a deposit for a private tenancy it is your responsibility to make sure the law is followed. If you use a letting agent, it is their responsibility to make sure that the law is followed and the deposit is properly protected.

For any deposit paid between 1 April 2013 and 31st March 2023:

It must be protected in an approved scheme within 14 days of it being paid.

The prescribed information about the scheme must be given to the tenant, within 28 days of a landlord receiving the deposit.

For any deposit paid after 1 April 2023:

It must be protected in an approved scheme within 28 days of it being paid.

The prescribed information about the scheme must be given to the tenant, within 35 days of a landlord receiving the deposit.

The three appointed scheme administrators in Northern Ireland are:

My Deposits NI  - www.mydepositsni.co.uk/

Tenancy Deposit Scheme NI - www.tdsnorthernireland.com/home/

Letting Protection Service NI -  www.lettingprotectionni.com/ (Scheme closed Jan 2023)

For more information please visit: 

www.nidirect.gov.uk/articles/tenancy-deposit-scheme-information-landlords

Failure to comply with this requirement will result in a Fixed Penalty Notice of 3 x the amount of the deposit, being issued upon the landlord.  

Failure to comply with the above requirements is now a continuous offence throughout any period during which the offence occurs.

Restriction on Deposit Amount

Any Tenancy Deposit paid after 1st April 2023, cannot be in excess of 1 Month’s rent. Failure to comply with this requirement will result in a Fixed Penalty Notice of £500 being issued upon the landlord.   

A Holding Deposit

Sometimes you may take a holding deposit before you and the tenant have entered into an agreement for a tenancy of a specific property. If that is the case and the holding deposit becomes the tenancy deposit, you must protect the deposit in an approved scheme.

Harassment and unlawful eviction are criminal offences under the Rent Order (Northern Ireland) Act 1978 as amended by The Private Tenancies (Northern Ireland) Order 2006.

The Environmental Health Department will:

• provide advice to landlords and tenants
• investigate complaints of harassment and unlawful eviction

Harassment covers any action taken by a landlord, or someone acting on their behalf, to make a tenant leave their home. For example: interfering with services such as gas, water and electricity supplies; entering the property without consent; refusing to carry out repairs.

A landlord must legally provide the tenant with a written notice to quit, except in the case of a fixed term tenancy.

When a fixed term private tenancy comes to the end of the period of time agreed at the outset, the landlord can end the tenancy. There is no need for the landlord to issue a Notice to Quit in such cases, although it would be good practice for the landlord to give written notice of their intention not to renew the tenancy.

Depending on the length of the tenancy, the landlord must give their tenant a minimum notice to quit period. These notice periods are:  

Length of tenancy: Tenancy not been in existence for more than 12 months
Notice to quit: No less than 4 weeks' written notice

Length of Tenancy: Tenancy has been in existence for more than 12 months but not more than 10 years
Notice to quit: No less than 8 weeks' written notice

Length of Tenancy: Tenancy has been in existence for more than 10 years
Notice to quit: No less than 12 weeks' written notice

Depending on the length of the tenancy the tenant must give their landlord a minimum notice to quit period.  These notice periods are:

Length of Tenancy: Tenancy not been in existence for more than 10 years
Notice to quit: No less than 4 weeks' written notice

Length of Tenancy: Tenancy has been in existence for more than 10 years
Notice to quit: No less than 12 weeks' written notice

Protected/ Statutory Tenants

If you have protected and/or statutory tenants then they have considerable security of tenure.

Process once Notice to Quit period has Ended

If a tenant remains in the property once the time given in a Notice to Quit has passed, the landlord must follow the due process of law and apply to the courts for a Possession Order in order to gain vacant possession of the property.

Illegal Eviction

If a landlord or someone acting on their behalf attempts to remove a tenant without following due process, then an illegal eviction will have occurred.  District councils have the power to prosecute landlords who harass or illegally evict tenants.

We would recommend you obtain independent legal advice if any problems occur during the ending of a tenancy.

Examples of illegal eviction include:

• changing the locks to a property when a tenant is not at home
• physically throwing a tenant out
• preventing a tenant from getting into part or all of their home.

Further information can be found here Private renting | nidirect

The Private Tenancies (Northern Ireland) Order 2006

If you own a property which was built before 1945 and you have started or changed a tenancy since April 2007 then you may need to apply for a Certificate of Fitness. This legislation requires Landlords to apply within 28 days of the new tenancy starting.  The Northern Ireland Housing Executive may require it if you accept tenants whose rent will be paid by Housing Benefit contributions.

Certificates of Fitness do not Expire and there is no requirement to apply with each new tenancy. If a Certificate of Fitness is already in effect, a new application is not required. If an application is received for a property already in possession of a Certificate of Fitness, any fees paid will not be refunded.

Requirements and Exemptions

These notes describe the requirements and exemptions: Notes regarding Fitness Inspection Application

Apply for a Fitness Inspection

You can download the application form below or collect one from our offices at the Town Hall, Bangor Castle or Church Street, Newtownards.  Completed forms should be returned to Ards and North Down Borough Council, 2 Church Street, Newtownards, BT23 4AP.  Please ensure that the Inspection Fee of £50 is included. Payment by Cheque is preferred, but should you require an alternative payment method, please contact us to discuss. Do Not Send Cash Through The Post.

Landlord Fitness Inspection Application Form and Notes

Apply for a Re-inspection

If your property has been found to be Unfit and you have been issued a Notice of Refusal, when you have completed the works required to make the property Fit, you may Re-apply for an Inspection.

You can download the application form below or collect one from our offices at the Town Hall, Bangor Castle or Church Street, Newtownards.  Completed forms should be returned to Ards and North Down Borough Council, 2 Church Street, Newtownards, BT23 4AP.  Please ensure that the Re-Inspection Fee of £100 is included. Payment by Cheque is preferred, but should you require an alternative payment method, please contact us to discuss. Do Not Send Cash Through The Post.

Landlord Fitness Inspection Re-Application Form and Notes

Inspection and Powers

For dwelling houses which do not require a Certificate of Fitness, if we receive a report of a housing problem or issue, or a tenant or landlord requests it, we can carry out property inspections of dwellings.

Depending on the conditions of the dwelling we have powers to issue one of the following notices:

• Statutory Nuisance Abatement Notice
• Notice of Unfitness
• Notice of Disrepair

Under the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011, if we are satisfied that a statutory nuisance exists we will serve a statutory nuisance abatement notice on the person responsible for the nuisance, or if appropriate the owner or occupier of the premises.

We can issue these notices on both social and private landlords.

Examples of statutory nuisances:

• damp caused by defective roof, leaking internal pipes, rising
• dry rot to timbers
• fumes or carbon monoxide from central heating boilers, open and glass fronted fires, fumes from oil leaks
• defective drains causing sewage to overflow or allowing rats to escape
• accumulation of offensive material, rubbish, or dog mess

The notice will specify the works required to correct the nuisance, and will specify a time frame within which the works must be completed.

Failure to comply with this notice is an offence.   If you do not comply with a Statutory Nuisance Abatement Notice you can be fined up to £5,000.

The above abatement notice entitles private landlords to apply for a Northern Ireland Housing Executive repair grant.  For further information, please contact the Northern Ireland Housing Executive, T: 03448920900 Website: www.nihe.gov.uk

Find out more about Damp and Mould: Damp and Mould Information Brochure

Notice of Unfitness

Under the Private Tenancies (NI) Order 2006 if we are satisfied that a privately rented dwelling is unfit to live in, we may serve a Notice of Unfitness on the owner of the property if this is the most appropriate course of action.

If a landlord refuses to comply with a Notice of Unfitness they can be fined up to £2,500.

If the dwelling was built before 1 January 1945, and is unfit, we will notify the Department of Social Development, Rent officer, and they may reduce the rent.

And if a tenancy began after 1 April 2007, and the dwelling was built before 1945 then the landlord may need to apply to us for a Certificate of Fitness.

If we deem the house unfit, this does not mean the tenant must vacate the property. However, if extensive works are required, they may be required to vacate the property temporarily.

If we are satisfied the property is unfit, we will write to the landlord in the first instance advising them what steps are required to make the house fit.

If the landlord does not agree to do the works outlined in the letter we will issue a Notice of Unfitness. This notice will specify the works required, and a timescale within which the works must be completed.

Failure to comply with this notice is an offence.

Notice of Disrepair

Under the Private Tenancies (NI) Order 2006 we can issue Notices of Disrepair on any private landlord where their rented property is fit but there is substantial disrepair, or where the disrepair is such that it would affect the comfort of the tenant, for example, a defective central heating system.

In most cases we will notify the landlord of our intention to issue a Notice of Disrepair, and will outline the works required. If the landlord does not agree to do the works outlined in the letter we will issue a Notice of Disrepair.

The Notice of Disrepair will specify the works required, and the timeframe for completion. If a landlord does not comply with the Notice of Disrepair we can take legal action and they can be fined up to £2,500.

On 1st April 2019, licensing laws for shared flats and houses changed. On this date the Houses in Multiple Occupation Act (Northern Ireland) 2016 came into operation and local councils across NI took over responsibility for houses in multiple occupation (HMOs) from the NI Housing Executive. All HMOs must now be licensed by their local council. This new scheme aims to regulate HMOs to ensure the health, safety and wellbeing of occupants and minimise any negative impacts on neighbourhoods and surrounding area. 

Belfast City Council manages the delivery of the scheme on behalf of all local councils.

For further advice please visit Houses in Multiple Occupation (belfastcity.gov.uk)

If you are a landlord and want to carry out certain repairs to your rented property you can ask us to serve a legal notice (Statutory Nuisance Abatement Notice) on your house, which may entitle you to a NI Housing Executive Repair Scheme grant towards the costs of this work.

Statutory Nuisance Abatement Notices are issued if we deem that conditions exist which are bad for health, for example, through damp or dry rot.

The NIHE Repair Scheme Grant is paid to the owner or agent of a property. It is based on the net annual valuation (NAV) of your property and is not means tested.

To qualify for these grants you should contact us and arrange an inspection before you start any work. You could be disqualified from accessing the grant if any repair work has already been carried out.

More information can be found on the Northern Ireland Housing Executive’s website: www.nihe.gov.uk

If your property has gas heating or any gas appliances, you are legally required to have the boiler and any gas appliances inspected every year.

The inspection must be carried out by a Gas Safe registered engineer. All registered engineers carry a Gas Safe Register ID card with their own unique licence number. Before you contract an engineer to check your properties, you must check that the engineer is registered. You can also check online at:

Gas Safe Register - Find an Engineer

Gas Safe Register - Renting a property: information for landlords

You must keep the gas safety record for at least two years and keep proof of all gas-related works carried out. The gas safety record for the property should be given to new tenants within 28 days of their tenancy starting.

If you have gas appliances or gas heating in your property, you should consider purchasing carbon monoxide monitors for the property to protect your tenants.

Keep a record of when your next gas safety check is due. Failure to have a valid Gas Safety Certificate is an offence.

Carbon monoxide detectors

If you install a new or replacement fuel burning appliance, whether it is gas, coal or oil fired you need to install a carbon monoxide detector in the room where the appliance is located. If the appliance is located in a room that isn't used (like a hot press) install the detector just outside so that it can be heard by your tenants if it sounds.

Carbon monoxide is a very dangerous gas.  It has no smell, taste or colour.  For peace of mind you should install a carbon monoxide detector in any room which has fuel burning appliances, such as open fires, stoves, oil burning heaters, gas stoves or a gas boiler.  Make sure your tenants know where these are, how to use them and what to do in case of an emergency.  

Find out more about Carbon Monoxide on the Health & Safety Executive's website.