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 tenantq`2 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 pdf

DfC Private Tenancy Leaflet March 2023 pdf

Councils in Northern Ireland are responsible for ensuring that properties which are rented privately, are in good repair and condition, and are fit for human habitation.

If you are a tenant living in a rented property and are concerned that it's in disrepair, or you suspect the property is unfit to live in, you may wish to contact us to discuss although we advise you first report the matter to your landlord or agent.

For further information please visit: Private renting | nidirect

A private tenant can only be made to leave their home if a court of law has issued a court order. 

Our Public Health and Housing team can:

• provide advice to landlords and tenants
• investigate complaints of harassment and unlawful eviction
• prosecute landlords who have harassed or illegally evicted their tenants.

Harassment

A landlord who continually acts in a way that is designed to make a tenant leave the property could be guilty of harassment.

Examples include:

• interfering with gas, water and electricity supplies
• making threats and instructing a tenant to leave
• entering the property without consent
• refusing to carry out repairs
• making frequent unannounced visits, especially late at night.

Tenants should record the details of any harassment including the date, time and a short description of the incident.

Unlawful Eviction

This occurs when a landlord, or any person acting for them, forces or attempts to force a tenant from their home without following the proper legal procedures.

Examples 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.

If a landlord requires their tenant to stop living at their property, they must issue a 'notice to quit'.  The length of notice required to be given, will be dependent on the length of the tenancy. The notice to quit should be in writing and both the landlord and tenant should keep a copy.  If the tenant has not left when the notice has run out, the landlord must apply for a Possession Order from a Magistrates' court.

www.nidirect.gov.uk/protection-against-eviction

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 well-being 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: Belfast City Council - Houses in Multiple Occupation

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

If you are a tenant, you can check if your landlord is registered, and if they’re not you can contact us to discuss.

Search the Landlord Register at  https://landlordregistration.nidirect.gov.uk/

Environmental Health Departments in Northern Ireland enforce this scheme for Department for Communities, 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.

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.

If a tenancy term is varied (regardless of start date of tenancy) the 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.

All private tenants should receive a rent book within 28 days of their tenancy beginning and it should be free of charge.

Most landlords will ask for a security deposit from a tenant in a property. This money is used as insurance against any damage you may cause or rent you may owe at the end of the tenancy.

Securing the Deposit

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 the 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 the 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

If you suspect that your Landlord has not secured your deposit, please contact us to discuss.

Any Tenancy Deposit paid after 1st April 2023, cannot be in excess of 1 Month’s rent. 

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

Receipt for Rent Paid

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.

A landlord is required by law to provide their 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 is considered 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

Should a tenant need to end the tenancy, depending on the length of the tenancy they 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 are a protected and/or statutory tenant, then you have considerable security of tenure.

Process once Notice to Quit period has Ended

If you remain in the property once the time given in a Notice to Quit has passed, your 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. Please be aware that your landlord has the right to pursue any costs relating to this, in the Small Claims Court.

 Further advice and information can be found here Private rent and tenancies | nidirect

If you are a protected and/or statutory tenant, then you have considerable security of tenure.

If you remain in the property once the time given in a Notice to Quit has passed, your 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. Please be aware that your landlord has the right to pursue any costs relating to this, in the Small Claims Court.

 Further advice and information can be found here Private rent and tenancies | nidirect