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RENT (NORTHERN IRELAND) ORDER 1978 RENT (NORTHERN IRELAND) ORDER 1978 - LONG TITLE [25th July 1978] [{6}Article 18(2)(i) of the Domestic Proceedings (Northern Ireland) Order 1980| other than such an order made as an interim exclusion order by virtue of Article 21 of that Order.] B Restricted and regulated tenancies A> 7. (1) A protected tenancy or a statutory tenancy of a dwelling-house is for the purposes of this Order a ""restricted tenancy'' if a restricted rent certificate served, or deemed to have been served, by a district council under Article 8 has effect in respect of the dwelling-house. B>(2) Where, immediately before the commencement of this Order C >>( a ) a tenancy to which the Rent Restriction Acts applied subsisted in a dwelling-house to which those Acts applied; and C >>( b ) the net annual value of the dwelling-house is less than #60, Ba restricted rent certificate shall, subject to Article 9(3), be deemed to have been served under Article 8 on that commencement on the landlord of that dwelling-house in respect of the dwelling-house. B>(3) For the purposes of this Order, a ""regulated tenancy'' is a protected or statutory tenancy which is not (either because it never was or because it has ceased to be) a restricted tenancy. B Restricted and regulated rent certificates A> 8. (1) A district council shall, if an application in that behalf is made to it within one year after the commencement of this Order by the landlord or tenant of a dwelling-house let on a regulated tenancy, cause the dwelling-house to be inspected with a view to ascertaining whether it meets the regulated tenancy standards. B>(2) Where, on an application under paragraph (1), a district council is satisfied that a dwelling-house C >>( a ) does not meet the regulated tenancy standards, the council shall issue and serve on the landlord of the dwelling-house a certificate to that effect (in this Order referred to as a ""restricted rent certificate''); C >>( b ) meets those standards, the council shall issue and serve on the landlord of the dwelling-house a certificate to that effect (in this Order referred to as a ""regulated rent certificate''). B>(3) A restricted rent certificate C >>( a ) shall, if no appeal is brought to the county court within the first period specified in Article 11(1), be deemed to have taken effect on the date on which it was issued; C >>( b ) if such an appeal is brought, shall, if it is confirmed by the county court, be deemed to have taken effect on that date. <1878 c.52 ] on any point of law arising from a decision of a county court under this Article in respect of a restricted rent certificate, the certificate shall, if confirmed, be deemed to have had effect on the date on which the certificate was issued. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 12 12.(1) Subject to paragraph (2), the fact that part of the premises comprised in a dwelling-house is used as a shop or office or for business, trade or professional purposes shall not prevent the dwelling-house from being let on a protected tenancy or subject to a statutory tenancy. (2) Paragraphs (3) to (5) apply, subject to paragraph (6), where, immediately before the commencement of this Order, part ("the non-residential part") of a house to which the Rent Restriction Acts applied was used as a shop or office or for business, trade or professional purposes. (3) Where it is possible to enter the house (excluding the non-residential part) otherwise than through the non-residential part, Articles 3 and 4 shall apply to the house as if the Rent Restriction Acts applied only to so much of the house as excludes the non-residential part. (4) Where paragraph (3) does not apply, Articles 3 and 4 shall apply to the entire house. (5) In the application of Article 7(2) as respects any such house as is referred to in paragraph (2), the non-residential part shall be left out of account. (6) A tenancy of a dwelling-house which consists of or comprises premises licensed for the sale of intoxicating liquors for consumption on the premises shall not be a protected tenancy, nor shall such a dwelling-house be the subject of a statutory tenancy. Para.(7) substitutes s.2(1)(a) of 1964 c.36 (NI) RENT (NORTHERN IRELAND) ORDER 1978 - SECT 13 13.(1) Subject to the following provisions of this Part, a court shall not make an order for possession of a dwelling-house which is for the time being let on a protected tenancy or subject to a statutory tenancy unless the court considers it reasonable to make such an order and either (a)the court is satisfied that suitable alternative accommodation is available for the tenant or will be available for him when the order in question takes effect, or (b)the circumstances are as specified in any of the Cases in Part I of Schedule 4. (2) If, apart from paragraph (1), the landlord would be entitled to recover possession of a dwelling-house which is for the time being let on a protected tenancy or subject to a statutory tenancy, the court shall make an order for possession if the circumstances of the case are as specified in any of the Cases in Part II of Schedule 4. (3) Part III of Schedule 4 shall have effect in relation to Case 8 in that Schedule. (4) Part IV of Schedule 4 shall have effect for determining whether, for the purposes of paragraph (1)(a), suitable alternative accommodation is or will be available for a tenant. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 14 14.(1) Subject to paragraph (5), a court may adjourn, for such period or periods as it thinks fit, proceedings for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy. (2) On the making of an order for possession of such a dwelling-house or at any time before the enforcement of such an order (whether made before or after the commencement of this Order), the court, subject to paragraph (5), on the application of the tenant or of the tenant's spouse if that spouse is occupying the dwelling-house as his or her residence, may (a)stay or suspend enforcement of the order, or (b)postpone the date of possession, (3) Any such adjournment as is referred to in paragraph (1) and any such stay, suspension or postponement as is referred to in paragraph (2) may be made subject to such conditions with regard to payment by the tenant or his or her spouse of arrears of rent, rent or mesne profits and otherwise as the court thinks fit. (4) If any such conditions as are referred to in paragraph (3) are complied with, the court may, if it thinks fit, discharge or rescind any such order as is referred to in paragraph (2). (5) Paragraphs (1) to (4) shall not apply if the circumstances are as specified in any of the Cases in Part II of Schedule 4. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 15 15.(1) So long as he retains possession, a statutory tenant shall observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as they are consistent with this Order. (2) A statutory tenant of a dwelling-house shall be entitled to give up possession of the dwelling-house only (a)if he gives such notice as would have been required under the original contract of tenancy, or (b)if no notice would have been so required, on giving not less than four weeks' notice. (3) Notwithstanding anything in the contract of tenancy, a landlord who obtains an order for possession of a dwelling-house as against a statutory tenant shall not be required to give the statutory tenant any notice to quit. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 16 16.(1) A protected or statutory tenant of a dwelling-house who, as a condition of giving up possession of the dwelling-house, asks for or receives the payment of any sum, or the giving up of any other consideration, by any person other than the landlord, shall be guilty of an offence and liable to a fine not exceeding #400. (2) Where a protected or statutory tenant of a dwelling-house requires that furniture or other articles shall be purchased as a condition of his giving up possession of the dwelling-house (a)the price demanded shall, at the request of the person on whom the demand is made, be stated in writing, and (b)if the price exceeds the reasonable price of the articles, the excess shall be treated, for the purposes of paragraph (1), as a sum asked to be paid as a condition of giving up possession. (3) The court by which a person is convicted of an offence under this Article may order the payment (a)to the person who made any such payment, or gave any such consideration, as is referred to in paragraph (1), of the amount of that payment or the value of that consideration, or (b)to the person who paid any such price as is referred to in paragraph (2)(a), of the amount by which the price paid exceeds the reasonable price. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 17 17.(1) Where it is so agreed in writing between (a)a statutory tenant (in this Article referred to as "the outgoing tenant"); and (b)a person proposing to occupy the dwelling (in this Article referred to as "the incoming tenant"), (2) Such an agreement as is referred to in paragraph (1) shall not have effect unless the landlord is a party thereto, and, if the consent of any superior landlord would have been required to an assignment of the previous contractual tenancy, the agreement shall not have effect unless the superior landlord is a party thereto. (3) If the outgoing tenant is the statutory tenant by virtue of his previous protected tenancy, then subject to paragraph (6), this Order shall have effect, on and after the transfer date, as if the incoming tenant (a)had been a protected tenant; and (b)had become the statutory tenant by virtue of his previous protected tenancy. (4) Subject to paragraphs (5) and (6), if the outgoing tenant is a statutory tenant by succession, then, on and after the transfer date, (a)this Order shall have effect as if the incoming tenant were a statutory tenant by succession, and (b)the incoming tenant shall be deemed to have become a statutory tenant by virtue of that paragraph of Schedule 1 by virtue of which the outgoing tenant became (or is deemed to have become) a statutory tenant. (5) If the outgoing tenant is a statutory tenant by succession, the agreement referred to in paragraph (1) may provide that, notwithstanding anything in paragraph (4), on and after the transfer date, this Order shall have effect, subject to paragraph (6), as if the incoming tenant (a)had been a protected tenant; and (b)had become the statutory tenant by virtue of his previous protected tenancy. (6) Unless the incoming tenant is deemed, by virtue of paragraph (4)(b) to have become a statutory tenant by virtue of paragraph 7, 8 or 9 of Schedule 1, paragraphs 6 to 9 of that Schedule shall not apply where a person has become a statutory tenant by virtue of this Article. (7) In this Article "the dwelling" means the aggregate of the premises comprised in the statutory tenancy of the outgoing tenant. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 18 18.(1) Any person who requires the payment of any pecuniary consideration for entering into such an agreement as is referred to in Article 17(1) shall be guilty of an offence and liable to a fine not exceeding #400. (2) The court by which a person is convicted of an offence under paragraph (1) may order the amount of the payment to be repaid by the person to whom it was paid. (3) Without prejudice to paragraph (2), the amount of any such payment as is referred to in paragraph (1) shall be recoverable by the person by whom it was made (a)by proceedings for its recovery, or (b)if it was made to the landlord by a person liable to pay rent to the landlord, by deduction from any rent so payable. (4) Notwithstanding anything in paragraph (1), if apart from this Article he would be entitled to do so, the outgoing tenant may require the payment by the incoming tenant (a)of so much of any outgoings discharged by the outgoing tenant as is referable to any period after the transfer date; (b)of a sum not exceeding the amount of any expenditure reasonably incurred by the outgoing tenant in carrying out any structural alteration of the dwelling or in providing or improving fixtures therein, being fixtures which, as against the landlord, the outgoing tenant is not entitled to remove; (c)where the outgoing tenant became a tenant of the dwelling by virtue of an assignment of the previous protected tenancy, of a sum not exceeding any reasonable amount paid by him to his assignor in respect of expenditure incurred by the assignor, or by any previous assignor of the tenancy, in carrying out any such alteration or in providing or improving any such fixtures as are mentioned in sub-paragraph (b); or (d)where part of the dwelling is used as a shop or office, or for business, trade or professional purposes, of a reasonable amount in respect of any goodwill of the business, trade or profession, being goodwill transferred to the incoming tenant in connection with his becoming a statutory tenant of the dwelling or accruing to him in consequence thereof. (5) In this Article "outgoing tenant", "incoming tenant", "the transfer date" and "the dwelling" have the same meanings as in Article 17. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 19 19.(1) If (a)a court makes an order for possession of a dwelling-house from a tenant; and (b)the order is made by virtue of Article 13(1)(a) or (b), (2) Where a protected or statutory tenancy of a dwelling-house is determined, either as a result of an order for possession or for any other reason, any sub-tenant to whom the dwelling-house or any part of it has been lawfully sub-let shall, subject to the provisions of this Order, be deemed to become the tenant of the landlord on the same terms as he would have held from the tenant if the tenant's protected or statutory tenancy had continued. (3) Where a dwelling-house (a)forms part of premises which have been let as a whole on a superior letting but do not constitute a dwelling-house let on a protected tenancy or subject to a statutory tenancy; and (b)is itself let on a protected tenancy, or subject to a statutory tenancy, RENT (NORTHERN IRELAND) ORDER 1978 - SECT 20 20. Where in such circumstances as are specified in any Case in Schedule 4 (a)a landlord obtains an order for possession of a dwelling-house let on a protected tenancy or subject to a statutory tenancy; and (b)it is subsequently made to appear to the court that the order was obtained by misrepresentation or concealment of material facts, RENT (NORTHERN IRELAND) ORDER 1978 - SECT 21 21.(1) The rent recoverable for any rental period of a regulated tenancy of a dwelling-house is limited to the greater of the following, namely (a)the rent registered under Part V for the dwelling-house; (b)if the tenancy exists on the commencement of this Order, the rent payable under the tenancy immediately before that commencement. (2) Subject to Article 27(5)(b), where a rent for a dwelling-house is registered under Part V, if the rent payable for any statutory period of a regulated tenancy of the dwelling-house would be less than the rent so registered, it may be increased up to the amount of that rent by a notice of increase served by the landlord on the tenant and specifying the date from which the increase is to take effect. (3) Where a limit is imposed by paragraph (1) on the rent recoverable in relation to a regulated tenancy, the amount by which the rent payable under the tenancy exceeds that limit shall, notwithstanding anything in any agreement, be irrecoverable from the tenant. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 22 22.(1) Any reference in this Article to a notice of increase is a reference to a notice of increase under Article 21(2). (2) A notice of increase must be in the prescribed form. (3) The date specified in a notice of increase shall not be earlier than (a)the date on which the registered rent to which it relates takes effect; nor (b)four weeks after the service of the notice. (4) Where the registered rent for a dwelling-house is increased by virtue of an order made under Article 33, any notice of increase of that rent which gives effect to that increase shall not take effect earlier than four weeks after the commencement of that order. (5) Neither a notice of increase nor Article 21 shall operate to increase the rent under a regulated tenancy for any contractual period, except in so far as may be consistent with the terms of the tenancy. (6) Notwithstanding that a notice of increase relates to statutory periods it may be served during a contractual period. (7) Where (a)a notice of increase is served during a contractual period of a protected tenancy; and (b)the protected tenancy could, by a notice to quit served by the landlord at the same time, be brought to an end before the date specified in the notice of increase. (8) If the county court is satisfied that any error or omission in a notice of increase is due to a bona fide mistake on the part of the landlord (a)the court may by order amend the notice by correcting any errors or supplying any omission therein which, if not corrected or supplied, would render the notice invalid; and (b)if the court so directs, the notice as so amended shall have effect and be deemed to have had effect as a valid notice. (9) Any amendment of a notice of increase under paragraph (8) may be made on such terms and conditions with respect to arrears of rent or otherwise as appear to the court to be just and reasonable. (10) No increase of rent which becomes payable by reason of an amendment of a notice of increase under paragraph (8) shall be recoverable in respect of any statutory period which ended more than six months before the date of the order making the amendment. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 23 23.(1) Where a tenant has paid on account of rent any amount which, by virtue of this Part, is irrecoverable by the landlord, then, subject to paragraph (3), the tenant who paid it shall be entitled to recover that amount from the landlord who received it or his personal representatives. (2) Subject to paragraph (3), any amount which a tenant is entitled to recover under paragraph (1) may, without prejudice to any other method of recovery, be deducted by the tenant from any rent payable by him to the landlord. (3) No amount which a tenant is entitled to recover under paragraph (1) shall be recoverable at any time after the expiry of two years from the date of payment. (4) Any person who, in any rent book or similar document, makes an entry showing or purporting to show any tenant as being in arrears in respect of any sum on account of rent which is irrecoverable by virtue of this Part shall be guilty of an offence and liable to a fine not exceeding #400, unless he proves that, at the time of the making of the entry, the landlord had a bona fide claim that the sum was recoverable. (5) If, where any such entry has been made by or on behalf of any landlord, the landlord on being requested by or on behalf of the tenant to do so, refuses or neglects to cause the entry to be deleted within seven days, the landlord shall be guilty of an offence and liable to a fine not exceeding #400, unless he proves that, at the time of the neglect or refusal to cause the entry to be deleted, he had a bona fide claim that the sum was recoverable. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 24 24. In this Part "contractual period" means a rental period of a regulated tenancy which is a period beginning before the expiry or termination of the protected tenancy; "registered" means registered under Part V; "statutory period" means any rental period of a regulated tenancy which is not a contractual period. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 25 25.(1) The Department shall prepare and keep up to date a register of rents payable under regulated and restricted tenancies of dwelling-houses and shall make the register available for public inspection without charge at such place and at such times as the Department considers appropriate. (2) Subject to the following provisions of this Part, the rent registered for a tenancy of a dwelling-house shall be (a)if it is a regulated tenancy for which an appropriate rent has not been determined, the appropriate proportion of the net annual value of the dwelling-house multiplied by two and one-half, together with any increases which have effect by virtue of an order under Article 33; (b)if it is a regulated tenancy for which an appropriate rent has been determined, that rent, together with any increases which have effect in relation to that rent by virtue of an order under Article 33; (c)if it is a restricted tenancy, the rent payable under the tenancy immediately before the commencement of this Order. (3) For the purposes of paragraph (2)(a) (a)if the rent under a regulated tenancy is payable weekly (i)the appropriate proportion of the net annual value of the dwelling-house is one fifty-second; (ii)the product of the appropriate proportion of any net annual value and two and one-half shall be deemed not to exceed #8; (b)if the rent under a regulated tenancy is payable monthly (i)the appropriate proportion of the net annual value of the dwelling-house is one-twelfth; (ii)the product of the appropriate proportion of any net annual value and two and one-half shall be deemed not to exceed #35; (4) The register shall contain, in addition to the rent, the prescribed particulars with regard to the tenancy and the dwelling-house. (5) The Department may at any time correct any clerical error in the register. (6) Where the Department corrects a clerical error under paragraph (5), it shall serve a notice of the alteration on the landlord and tenant under the tenancy in question. (7) A copy of an entry in the register purporting to be certified under the hand of an officer of the Department shall be receivable in evidence in any court and in any proceedings. (8) A person requiring such a certified copy shall be entitled to obtain it on payment of the prescribed fee. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 26 26.(1) The landlord or the tenant under a regulated or restricted tenancy of a dwelling-house may apply to the Department to register the rent under that tenancy. (2) An application for the registration of a rent under this Part must be sent to the Department, be in the prescribed form and contain the prescribed particulars in relation to the tenancy and the dwelling-house. (3) Subject to Articles 25(5) and 33, where a rent for a dwelling-house has been registered under this Article no alteration to the registered rent shall be made unless a rent assessment committee determines an appropriate rent for the dwelling-house in pursuance of an application under this Order or a court orders the register to be altered. (4) Where the Department registers a rent under this Article in pursuance of an application, it shall serve on the tenant and the landlord a notice in the prescribed form stating the amount of the rent and the date on which the application for registration was received by it. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 27 27.(1) The landlord or the tenant under a regulated tenancy of a dwelling-house, if of the opinion that the rent registered in respect of that dwelling-house by virtue of Article 25(2) is not the appropriate rent having regard to paragraphs (2) to (4), may within four weeks after the date on which the Department serves a notice on him under Article 26(4), apply to a rent assessment committee to determine an appropriate rent for that dwelling-house. (2) The appropriate rent under a regulated tenancy of a dwelling-house shall be the rent which would be payable for a tenancy of the dwelling-house if it were let by the Executive (a)on the terms (except those as to rent) which apply to that regulated tenancy; (b)subject to paragraph (4), in the physical condition which the dwelling-house is in at the date of the determination. (3) In determining such an appropriate rent, regard shall be had to the rents of dwelling-houses let by the Executive which are comparable, or as comparable as may be, to the dwelling-house in question. (4) There shall be disregarded (a)any disrepair or other defect attributable to a failure by the tenant under the regulated tenancy or any predecessor in title of his to comply with any terms therof; (b)any improvement carried out, otherwise than in pursuance of the terms of the tenancy, by the tenant under the regulated tenancy or any predecessor in title of his. (5) Where, on an application to a rent assessment committee, the committee determines an appropriate rent for a dwelling-house which is different to the rent registered for that house (a)if the appropriate rent is greater than the registered rent, the amendment of the entry in the register effected in pursuance of paragraph 4(4) of Schedule 6 shall (without prejudice to the previous operation of the entry) be deemed to be made and to take effect on the date on which the committee gives its decision; (b)if the appropriate rent is less than the registered rent, the amendment of that entry shall be deemed to have been made and to have taken effect on whichever of the following dates is the later (i)the expiration of ten weeks after the commencement of this Order; or (ii)the date on which the application to the committee was received. (6) Where paragraph (5)(b) applies, the tenant under the tenancy in question shall be entitled to recover from the landlord or his personal representatives the amount of any rent paid by him for any time after the amendment is deemed to have taken effect which exceeds the amount of the rent registered by virtue of this Part. (7) Any amount which a tenant is entitled to recover under paragraph (6) may, without prejudice to any other method of recovery, be deducted by the tenant from any rent payable by him to the landlord. (8) In this Article "improvement" includes the replacement of any fixture or fitting. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 28 28.(1) Rent assessment committees shall be constituted in accordance with Schedule 5. (2) Schedule 6 shall have effect with respect to the procedure to be followed by rent assessment committees in considering applications for the determination of appropriate rents. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 29 29.(1) Where any rates in respect of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy are borne by the landlord or a superior landlord then, notwithstanding anything in the terms of the contract of tenancy in question, the amount of rates, ascertained in accordance with Schedule 7 for any rental period which is a statutory period as defined in Article 24, shall be recoverable, without service of any notice of increase, in addition to the sums recoverable from the tenant apart from this paragraph. (2) Where, under a protected or statutory tenancy, the sums payable by the tenant to the landlord include any sums varying according to the cost from time to time of (a)any services provided by the landlord or a superior landlord; or (b)any works of maintenance or repair carried out by the landlord or a superior landlord. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 30 30.(1) Where a rent is registered for a tenancy in pursuance of an application under Article 26, the registration shall take effect on the expiration of ten weeks after the date on which the application is received by the Department, unless the rent assessment committee determines that it is to take effect on a later date. (2) The date on which the registration takes effect shall be entered in the register and on that date any previous registration of a rent for the dwelling-house shall cease to have effect. (3) Where (a)a valid notice of increase under Article 21(2) has been served on a tenant; and (b)in consequence of the registration or amendment of an appropriate rent, part but not the whole of the increase specified in the notice becomes irrecoverable from the tenant, RENT (NORTHERN IRELAND) ORDER 1978 - SECT 31 31. Notwithstanding anything in paragraph (1) of Article 27, the landlord or the statutory tenant under a regulated tenancy of a dwelling-house may apply to a rent assessment committee to determine an appropriate rent for that dwelling-house under that Article at any time if there has been such a change in the circumstances relating to the dwelling-house or tenancy as to make the registered rent no longer an appropriate rent. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 32 32.(1) Where (a)a protected or statutory tenancy subsists in a dwelling-house; and (b)the landlord under that tenancy intends to carry out any works in relation to the dwelling-house, (2) An application under paragraph (1) (a)shall be accompanied by plans and specifications of the relevant works and an estimate of their cost; and (b)shall state the name of the tenant under the regulated tenancy. (3) Where an application is made to a rent assessment committee under paragraph (1), the committee shall determine what an appropriate rent would be if the works shown in the plans and specifications were carried out and issue a certificate of future rent specifying the amount of that rent. (4) An application for a certificate of future rent shall be dealt with by a rent assessment committee as if it were an application for the determination of an appropriate rent. (5) If, on an application in that behalf, it is shown to the satisfaction of a rent assessment committee after it issues a certificate of future rent (a)that the works specified in the relevant application have been carried out; and (b)that the dwelling-house is then in the state in which it would be expected to be after the carrying out of the works; and (c)that the cost of the works was that specified in the relevant application under paragraph (1), (6) Where, on an application under paragraph (5), a rent assessment committee is satisfied as mentioned in that paragraph, it shall notify the persons referred to in sub-paragraph (3) of paragraph 4 of Schedule 6 as if the rent specified in the certificate of future rent had been determined under that paragraph and sub-paragraph (4) of that paragraph shall apply accordingly. (7) Where, on an application under paragraph (5), a rent assessment committee is satisfied (a)as mentioned in paragraph (5)(a) and (b), and (b)that the cost of the works was different to that specified in the relevant application under paragraph (1), (8) Schedule 6 shall, with any necessary modifications, apply to an application under any provision of this Article as if it were an application for the determination of an appropriate rent. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 33 33.(1) The Department shall from time to time review the rents registered under this Part for dwelling-houses which are let under regulated tenancies, taking into account the general level of rents for dwelling-houses let by the Executive, the cost of repairs, and any other matter appearing to it to be relevant, with a view to determining, after consulting the rent officer, whether those rents should be increased. (2) Where the Department determines under paragraph (1) that those registered rents should be increased, it shall make an order providing for the increase of those rents by such amount (which may be a percentage) as it considers appropriate. (3) Where the Department makes an order under paragraph (2), it shall make such alterations in the rents registered under this Part for dwelling-houses which are let under regulated tenancies as appear to it to be necessary in consequence of the order. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 34 34. The Department may collect such information as it considers desirable with respect to the terms of such tenancies (other than regulated or restricted tenancies) as it may determine. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 35 35. Any person who, in an application under Article 26, wilfully makes or causes to be made any statement which he knows to be false in a material particular shall be guilty of an offence and liable to a fine not exceeding #1,000 or to imprisonment for a term not exceeding six months, or to both. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 36 36. The rent recoverable for any rental period from the tenant under a restricted tenancy shall, notwithstanding anything in any agreement, not exceed the rent which was recoverable for the last such period immediately before the commencement of this Order. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 37 37.(1) Where a tenant has paid on account of rent any amount which, by virtue of Article 36, is irrecoverable by the landlord, then, subject to paragraph (3), the tenant who paid it shall be entitled to recover that amount from the landlord who received it or his personal representatives. (2) Subject to paragraph (3), any amount which a tenant is entitled to recover under paragraph (1) may, without prejudice to any other method of recovery, be deducted by the tenant from any rent payable by him to the landlord. (3) No amount which a tenant is entitled to recover under paragraph (1) shall be recoverable at any time after the expiry of two years from the date of payment. (4) Any person who, in any rent book or similar document, makes an entry showing or purporting to show any tenant as being in arrears in respect of any sum on account of rent which is irrecoverable by virtue of Article 36 shall be guilty of an offence and liable to a fine not exceeding #400, unless he proves that, at the time of the making of the entry, the landlord had a bona fide claim that the sum was recoverable. (5) If, where any such entry has been made by or on behalf of any landlord, the landlord on being requested by or on behalf of the tenant to do so, refuses or wilfully neglects to cause the entry to be deleted within seven days, the landlord shall be guilty of an offence and liable to a fine not exceeding #400, unless he proves that, at the time of the neglect or refusal to cause the entry to be deleted, he had a bona fide claim that the sum was recoverable. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 38 38.(1) The landlord of a dwelling-house held under a private tenancy shall provide the tenant with a rent book for use in respect of the dwelling-house. (2) A rent book provided in pursuance of paragraph (1) shall contain such particulars and information relating to the tenancy as may be prescribed. (3) In this Article "private tenancy" does not include a fee farm grant or a tenancy granted for a term certain exceeding ninety-nine years, unless that tenancy is, or may become, terminable before the end of that term by notice given to the tenant. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 39 39.(1) If the landlord under a private tenancy fails to comply with Article 38, he and, subject to paragraph (4), any person who on his behalf demands or receives rent in respect of the dwelling-house held under that tenancy while the failure continues shall be guilty of an offence. (2) Any person guilty of an offence under paragraph (1) shall be liable to a fine not exceeding #400. (3) If any default in respect of which a landlord is convicted of an offence under paragraph (1) continues for more than fourteen days after that conviction, that landlord shall be deemed to have committed a further offence under that paragraph in respect of that default. (4) If any person other than the landlord is charged with an offence under paragraph (1), it shall be a defence for him to prove that he neither knew nor had reasonable cause to believe that Article 38 had not been complied with. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 40 40. The provisions set out in Articles 41 to 45 shall apply in relation to a regulated tenancy only in so far as they are not inconsistent with any express provision in the contract of tenancy. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 41 41.(1) The landlord under a regulated tenancy (a)shall keep in repair the structure and exterior of the dwelling-house comprised in that tenancy; (b)shall, subject to Article 42, keep in repair the interior of the dwelling-house; (c)shall keep in repair and in proper working order (i)the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences but not, except as mentioned in the preceding provison of this sub-paragraph, fixtures, fittings or appliances for making use of the supply of water, gas or electricity); and (ii)the installations in the dwelling-house for space heating or heating water. (2) The duty imposed by paragraph (1)(a) includes a duty to keep exterior paintwork in reasonable order. (3) In this Article "structure and exterior" includes drains, gutters and external pipes. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 42 42. The tenant under a regulated tenancy of a dwelling-house (a)shall take proper care of the premises comprised in that tenancy as a good tenant; (b)shall, without prejudice to sub-paragraph (a), keep in repair (i)open fireplaces (including tiles) in the dwelling-house; (ii)glass, whether external or internal, in the dwelling-house (including mirrors); <(iii)tap washers and similar seals for taps in the dwelling-house; <(iv)boundary walls of the dwelling-house constructed by him or any previous tenant from whom he derives title; (c)shall make good any damage to those premises wilfully or negligently done or caused to the premises by the tenant, by any tenant of his or by any other person lawfully living in or lawfully visiting the premises; (d)shall keep the interior of the dwelling-house in reasonable decorative order; (e)shall not carry out any alterations to those premises without the consent of the landlord, but that consent shall not be unreasonably withheld; RENT (NORTHERN IRELAND) ORDER 1978 - SECT 43 43. Where a dwelling-house let under a regulated tenancy consists of a part of a building and the tenant under the regulated tenancy is entitled to the use (whether with others or not) for access or other purposes of other parts of the building or its curtilage, the landlord shall (a)keep in good order and condition any part of the building or curtilage which the tenant is entitled to use as mentioned above; (b)ensure that any part of the building or curtilage which the tenant is entitled to use as mentioned above for access is adequately lit and safe to use. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 44 44. The duties imposed on the landlord by Articles 41 and 43 do not require the landlord (a)to carry out works or repairs for which the tenant is liable by virtue of Article 42; (b)to keep in repair or maintain anything (i)which was not constructed or provided by the landlord or any person from whom he derives title; or (ii)which the tenant is entitled to remove from the dwelling-house; (c)to rebuild or re-instate the dwelling-house in the case of destruction or damage by fire, or by tempest, flood or other inevitable accident. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 45 45.(1) In determining the standard of repair required by virtue of Articles 41 to 43, regard is to be had to the age, character and prospective life of the premises. (2) A landlord is not under a duty to carry out works by virtue of Articles 41 and 43 unless he has actual knowledge (whether because of notice given by the tenant or otherwise) of the need for those works. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 46 46.(1) A district council shall, if an application in that behalf is made to it by the landlord or tenant of a dwelling-house let on a regulated tenancy, cause the dwelling-house to be inspected with a view to ascertaining whether the other party under the tenancy is in breach of any covenant or condition (whether express or implied) to repair, maintain or take care of the premises comprised in that tenancy, any fixtures attached to those premises or any such installations as are mentioned in Article 41(1)(c) (in this Article referred to as "the repairing conditions"). (2) Where, on an application under paragraph (1), a district council is satisfied that any such landlord or tenant is in breach of the repairing conditions in relation to any premises, fixtures or installations the council shall (a)issue and serve on that person a certificate to that effect (in this Part referred to as a "certificate of disrepair"); (b)serve a copy of that certificate on the other party to the tenancy. (3) A certificate of disrepair issued under paragraph (2) shall (a)specify the works which in the opinion of the district council are required to make good the breach of the repairing conditions by the landlord or the tenant, as the case may be; (b)require that landlord or tenant, as the case may be, to carry out to the district council's satisfaction the works specified in the certificate within such period as the council may allow. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 47 47.(1) The landlord or tenant under a regulated tenancy may, within twenty-eight days after the date of the service of a certificate of disrepair or of a notice stating that the district council does not intend to issue such a certificate in relation to the dwelling-house, appeal to the county court against the certificate or the failure of the council to issue such a certificate. (2) For the purposes of paragraph (1), where a district council does not, within three months from the date of the application to it for such a certificate, issue such a certificate or a notice stating that it does not intend to issue such a certificate, the council shall be deemed to have issued such a notice at the end of that period of three months. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 48 48.(1) If the person on whom a certificate of disrepair is served under Article 46 fails to comply with that certificate within the period allowed by the district council, the council may apply to a court of summary jurisdiction for an order under this Article. (2) Where, on the hearing of an application under paragraph (1), it appears to a court of summary jurisdiction that a person has failed to comply with a certificate of disrepair within the period allowed by the district council, it may, after affording him an opportunity to be heard, make an order requiring him to comply with that certificate within such period as it may specify. (3) Where a person fails to comply with an order made under paragraph (2) he shall be guilty of an offence and liable to a fine not exceeding #400. (4) Where an order made under paragraph (2) is not complied with, the district council may, after serving notice of its intention to do so on the person in breach of the order, carry out so much of the works required by the order as has not been completed. (5) Where, in pursuance of paragraph (4), a district council carries out any works, the council may recover summarily as a civil debt from the person served with the notice of disrepair specifying those works the expenses incurred by the council in carrying out those works. (6) In any proceedings to recover any expenses by virtue of paragraph (5) the court may order that only so much of those expenses as it determines to be reasonable must be paid to the district council by the person against whom the proceedings have been instituted. (7) Where a district council fails to recover from any person the expenses incurred by it in carrying out works under paragraph (4), the Department may, with the approval of the Department of Finance, pay to the council a sum not exceeding the appropriate amount. (8) In paragraph (7) "the appropriate amount" means (a)the amount which, in the opinion of the Department, would have been payable to the district council if the council had been the landlord of the premises in question and had applied for a repairs grant for the works which it executed, less (b)so much of the sum recovered from the person who is liable to pay the expenses referred to in paragraph (6) as exceeds such part of those expenses as was incurred in respect of works for which a repairs grant would not have been so payable. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 49 49.(1) Any person who, as a condition of the grant, renewal or continuance of a protected tenancy, requires, in addition to the rent, the payment of any premium or the making of any loan (whether secured or unsecured) shall be guilty of an offence under this Article. (2) Any person who, in connection with the grant, renewal or continuance of a protected tenancy, receives any premium, or any loan, in addition to the rent, shall be guilty of an offence under this Article. (3) A person guilty of an offence under this Article shall be liable to a fine not exceeding #1,000. (4) The court by which a person is convicted of an offence under the provisions of this Article relating to requiring or receiving any premium may order the amount of the premium to be repaid to the person by whom it was paid. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 50 50.(1) Subject to paragraphs (3) to (5), any person who, as a condition of the assignment of a protected tenancy, requires the payment of any premium or the making of any loan (whether secured or unsecured) shall be guilty of an offence under this Article. (2) Subject to paragraphs (3) to (5), any person who, in connection with the assignment of a protected tenancy, receives any premium or any loan shall be guilty of an offence under this Article. (3) Notwithstanding anything in paragraphs (1) and (2), an assignor of a protected tenancy of a dwelling-house may, if apart from this Article he would be entitled to do so, require the payment by the assignee or receive from the assignee a payment (a)of so much of any outgoings discharged by the assignor as is referable to any period after the assignment takes effect; (b)of a sum not exceeding the amount of any expenditure reasonably incurred by the assignor in carrying out any structural alteration of the dwelling-house or in providing or improving fixtures therein, being fixtures which, as against the landlord, he is not entitled to remove; (c)where the assignor became a tenant of the dwelling-house by virtue of an assignment of the protected tenancy, of a sum not exceeding any reasonable amount paid by him to his assignor in respect of expenditure incurred by that assignor, or by any previous assignor of the tenancy, in carrying out any such alteration or in providing or improving any such fixtures as are mentioned in sub-paragraph (b); or (d)where part of the dwelling-house is used as a shop or office, or for business, trade or professional purposes, of a reasonable amount in respect of any goodwill of the business, trade or profession, being goodwill transferred to the assignee in connection with the assignment or accruing to him in consequence thereof. (4) Without prejudice to paragraph (3), the assignor shall not be guilty of an offence under this Article by reason only that (a)any payment of outgoings required or received by him on the assignment was a payment of outgoings referable to a period before the assignment took effect; or (b)any expenditure which he incurred in carrying out structural alterations of the dwelling-house or in providing or improving fixtures therein and in respect of which he required or received the payment of any sum on the assignment was not reasonably incurred; or (c)any amount paid by him as mentioned in paragraph (3)(c) was not a reasonable amount; or (d)any amount which he required to be paid, or which he received, on the assignment in respect of goodwill was not a reasonable amount. (5) A person guilty of an offence under this Article shall be liable to a fine not exceeding #1,000. (6) The court by which a person is convicted of an offence under the provisions of this Article relating to requiring or receiving any premium may order the amount of the premium, or so much of it as cannot lawfully be required or received under this Article (including any amount which, by virtue of paragraph (4), does not give rise to an offence) to be repaid to the person by whom it was paid. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 51 51. Where the purchase of any furniture has been required as a condition of the grant, renewal, continuance or assignment of a protected tenancy then, if the price exceeds the reasonable price of the furniture, the excess shall be treated, for the purposes of this Part, as if it were a premium required to be paid as a condition of the grant, renewal, continuance or assignment of the tenancy. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 52 52.(1) Where under any agreement (whether made before or after the commencement of this Order) (a)any premium is paid after that commencement; and (b)the whole or any part of that premium could not lawfully be required or received under the preceding provisions of this Part, (2) Nothing in Article 49 or 51 shall invalidate any agreement for the making of a loan or any security issued in pursuance of such an agreement but, notwithstanding anything in the agreement for the loan, any sum lent in circumstances involving a contravention of either of those Articles shall be repayable to the lender on demand. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 53 53.(1) In this Part "furniture" includes fittings and other articles; "premium" includes any fine or other like sum and any other pecuniary consideration in addition to rent. (2) Nothing in this Part renders any amount recoverable more than once. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 54 54.(1) If any person unlawfully deprives the tenant of a dwelling-house of his occupation of the dwelling-house or any part thereof or attempts to do so he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the tenant had ceased to reside in the dwelling-house. (2) If any person with intent to cause the tenant of a dwelling-house (a)to give up the occupation of the dwelling-house or any part thereof; or (b)to refrain from exercising any right or pursuing any remedy in respect of the dwelling-house or any part thereof; (3) A person guilty of an offence under this Article shall be liable (a)on summary conviction, to a fine not exceeding #1,000 or to imprisonment for a term not exceeding six months or to both; and (b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. (4) Nothing in this Article shall prejudice any liability or remedy to which a person guilty of an offence thereunder may be subject in civil proceedings. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 55 55. Where any premises are let as a dwelling-house on a lease which is subject to a right of re-entry or forfeiture it shall not be lawful to enforce that right otherwise than in pursuance of proceedings in the court while any person is lawfully residing in the premises or any part of them. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 56 56.(1) Where any premises have been let as a dwelling-house under a tenancy and (a)the tenancy (in this Part referred to as "the former tenancy") has come to an end; but (b)the occupier continues to reside in the premises or part of them; (2) Paragraph (1) shall, with the necessary modifications, apply where the owner's right to recover possession arises on the death of the tenant under a statutory tenancy. (3) In this Article "occupier" means any person lawfully residing in a dwelling-house at the termination of the former tenancy. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 57 57.(1) Nothing in this Part shall affect the jurisdiction of the High Court in proceedings (a)to enforce a lessor's right of re-entry or forfeiture; (b)to enforce a mortgagee's right of possession in a case where the former tenancy was not binding on the mortgagee. (2) Nothing in this Part shall affect the operation of (a)section 19 of the Defence Act 1842; (b)section 91 of the Lands Clauses Consolidation Act 1845; (c)section 5(1) of the Criminal Law Amendment Act 1912. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 58 58.(1) In this Part "the court" means (a)the county court, in relation to premises with respect to which the county court has for the time being jurisdiction in actions for the recovery of land; and (b)the High Court, in relation to other premises; "the owner", in relation to any premises, means the person who, as against the occupier, is entitled to possession of the premises. (2) For the purpose of this Part a person who, under the terms of his employment, had exclusive possession of a dwelling-house otherwise than as a tenant shall be deemed to have been a tenant and "let" and "tenancy" shall be construed accordingly. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 59 59.(1) The Department may make a scheme, to be administered by the Department of Finance, for granting to private tenants allowances, calculated in accordance with the scheme by reference to their needs and their resources, towards the rent payable under their tenancies in respect of the dwellings occupied under those tenancies. (2) A scheme under paragraph (1) is referred to in this Part as an "allowance scheme". (3) No allowance towards the rent of a dwelling shall be granted by virtue of this Article to any person who occupies a dwelling in pursuance of a contract of service the terms of which require that he must be provided with a dwelling at a rent specified in the contract or without payment of rent. (4) In this Part "private tenant" means a tenant under any tenancy except (a)a tenancy under which the estate of the landlord belongs to (i)the Executive; or (ii)a registered housing association; (b)a tenancy the purpose of which is to confer on the tenant the right to occupy a dwelling-house for a holiday. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 60 60.(1) The Department shall take such steps as appear to it best designed to secure that the provisions of an allowance scheme come to the notice of any persons who may be entitled to an allowance under the scheme. (2) The Department shall furnish the statutory particulars of an allowance scheme on request to a tenant of a dwelling or a landlord of such a tenant, free of charge and in a form convenient to be kept in a rent book. (3) A landlord who grants a new tenancy of a dwelling to a private tenant on or after the commencement of this Order shall take all reasonable steps to furnish to the tenant in writing and in a convenient form the statutory particulars of the allowance scheme in force when the tenancy takes effect. (4) Any landlord who refuses or wilfully neglects to perform a duty imposed on him by paragraph (3) shall be guilty of an offence and liable to a fine not exceeding #400. (5) In this Article "statutory particulars", in relation to an allowance scheme, means such particulars as the Department may specify in regulations of the following matters, namely (a)the procedure for making an application for an allowance; (b)the information to be included in such an application; (c)the circumstances in which an allowance is likely to be granted; RENT (NORTHERN IRELAND) ORDER 1978 - SECT 61 61.(1) In this Part "allowance" means an allowance under an allowance scheme; "allowance scheme" has the meaning assigned by Article 59(2); "private tenant" has the meaning assigned by Article 59(4); "sub-let", as regards a tenant's dwelling, includes a case where part of the dwelling is held by another person under a statutory tenancy, and references to a sub-tenant of part of a tenant's dwelling shall be construed accordingly. (2) Where part of a private tenant's dwelling is sub-let then, in this Part, references to the private tenant's dwelling do not include references to the part which is sub-let (but without prejudice to the application of this Part where the sub-tenant is himself a tenant as defined above). RENT (NORTHERN IRELAND) ORDER 1978 - SECT 62 62. A notice by a landlord or tenant to quit a dwelling-house let (whether before or after the commencement of this Order) under a [private] tenancy shall not be valid unless it is given not less than four weeks before the date on which it is to take effect. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 63 63.(1) A district council may, if an application in that behalf is made to it by the landlord or tenant of a dwelling-house let on a regulated tenancy, cause the dwelling-house to be inspected with a view to ascertaining whether it meets the regulated tenancy standard. (2) The tenant under a protected or statutory tenancy shall permit the landlord, and persons authorised by him for the purpose, to enter the premises comprised in the tenancy at reasonable times and upon reasonable notice (a)in order to inspect them and carry out any works which, by virtue of this Order, the landlord is under a duty to execute; (b)in order to inspect the state of repair of the premises. (3) Where, in the exercise of powers conferred by paragraph (2), any damage is caused to the premises or any property in or on the premises, by the landlord or any person authorised by him, the landlord shall make that damage good. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 64 64.(1) Where a tenant has the exclusive occupation of any accommodation (in this Article referred to as "the separate accommodation") and (a)the terms as between the tenant and his landlord on which he holds the separate accommodation include the use of other accommodation (in this Article referred to as "the shared accommodation") in common with another person or other persons, not being or including the landlord, and (b)by reason only of the circumstances mentioned in sub-paragraph (a), the separate accommodation would not, apart from this Article, be a dwelling-house let on or subject to a protected or statutory tenancy, (2) Where, for the purpose of determining the net annual value of the separate accommodation, it is necessary to make an apportionment under this Order, regard is to be had to the circumstances mentioned in paragraph (1)(a). (3) Subject to paragraph (4), while the tenant is in possession of the separate accommodation (whether as a protected or statutory tenant), any term or condition of the contract of tenancy terminating or modifying, or providing for the termination or modification of, his right to the use of any of the shared accommodation which is living accommodation shall be of no effect. (4) Where the terms and conditions of the contract of tenancy are such that at any time during the tenancy the persons in common with whom the tenant is entitled to the use of the shared accommodation could be varied, or their number could be increased, nothing in paragraph (3) shall prevent those terms and conditions from having effect so far as they relate to any such variation or increase. (5) Subject to paragraph (6) and without prejudice to the enforcement of any order made thereunder, while the tenant is in possession of the separate accommodation, no order shall be made for possession of any of the shared accommodation, whether on the application of the immediate landlord of the tenant or on the application of any person under whom that landlord derives title, unless a like order has been made, or is made at the same time, in respect of the separate accommodation; and Article 13(1) shall apply accordingly. (6) Subject to paragraph (7), on the application of the landlord, the county court may make such order, either (a)terminating the right of the tenant to use the whole or any part of the shared accommodation other than living accommodation, or (b)modifying his right to use the whole or any part of the shared accommodation, whether by varying the persons or increasing the number of persons entitled to the use of that accommodation, or otherwise, (7) No order shall be made under paragraph (6) so as to effect any termination or modification of the rights of the tenant which, apart from paragraph (3), could not be effected by or under the terms of the contract of tenancy. (8) In this Article "living accommodation" means accommodation of such a nature that the fact that it constitutes or is included in the shared accommodation is (or, if the tenancy has ended, was) sufficient, apart from this Article, to prevent the tenancy from constituting a protected or statutory tenancy of a dwelling-house. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 65 65.(1) Where the tenant of any premises consisting of a dwelling-house has sub-let a part, but not the whole, of the premises, then, as against his landlord or any superior landlord, no part of the premises shall be treated as not being a dwelling-house let on or subject to a protected or statutory tenancy by reason only that (a)the terms on which any person claiming under the tenant holds any part of the premises include the use of accommodation in common with other persons; or (b)part of the premises is let to any such person at a rent which includes payments in respect of board, attendance or use of furniture. (2) This Article does not affect the rights against, and liabilities to, each other of the tenant and any person claiming under him, or of any two such persons. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 66 66. A tenant shall not be deemed for the purposes of section 76 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 (payment of double rent for overholding) wilfully to hold over any land comprised in a tenancy by reason only of his remaining in possession thereof under or by virtue of this Order. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 67 67.(1) In ascertaining for the purposes of this Order whether there is any difference with respect to rents or rates between one rental period and another (whether of the same tenancy or not) or the amount of any such difference, any necessary adjustment shall be made to take account of periods of different lengths. (2) For the purposes of an adjustment referred to in paragraph (1) (a)one month shall be treated as equivalent to one-twelfth of a year; and (b)one week shall be treated as equivalent to one fifty-second of a year. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 68 68. Where an application may be made under this Order to a district council in relation to a dwelling-house, the application shall be made to the council in whose area the dwelling-house is situated. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 69 69.(1) A county court shall have jurisdiction, either in the course of any proceedings relating to a dwelling or on an application made for the purpose by the landlord or the tenant, to determine any question (a)as to whether a tenancy is a protected tenancy or whether any person is a statutory tenant of a dwelling-house; (b)as to the rent recoverable under a regulated or restricted tenancy; (c)as to whether a tenancy is a restricted or regulated tenancy, (2) A county court shall have jurisdiction to deal with any claim or other proceedings arising out of any of the provisions of this Order (except Part IX) notwithstanding that by any reason of the amount of the claim or otherwise the case would not, apart from this paragraph, be within the jurisdiction of a county court. (3) If, under this Order, a person takes proceedings in the High Court which he could have taken in the county court he shall not be entitled to receive any costs. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 70 70. Offences under this Order are, subject to Article 54(3), punishable summarily. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 71 71.(1) The net annual value on any day of a dwelling-house shall be ascertained for the purposes of this Order as follows: (a)if the dwelling-house is a hereditament for which a net annual value is then shown in the valuation list, it shall be that net annual value; (b)if the dwelling-house forms part only of such a hereditament or consists of or forms part of more than one such hereditament, its net annual value shall be taken to be such value as is found by a proper apportionment or aggregation of the net annual value or values so shown; (c)if Article 12(3) applies in relation to the dwelling-house, its net annual value shall be taken to be the value appointed, under Article 44(2) of the Rates (Northern Ireland) Order 1977, to so much of the dwelling-house as is used for the purposes of a private dwelling; (d)if Article 12(4) applies in relation to the dwelling-house, its net annual value shall be taken to be the net annual value shown in the valuation list for the dwelling-house. (2) Any question arising under this Article as to the proper apportionment or aggregation of any value or values shall be determined by the Commissioner of Valuation for Northern Ireland. (3) Any person who is aggrieved by the decision of the Commissioner of Valuation for Northern Ireland under paragraph (2) as to the proper apportionment or aggregation of any value or values may, within twenty-eight days from the date on which he receives notice of the decision, appeal to the Lands Tribunal against the decision. (4) Where, after the commencement of this Order (a)the valuation list is altered so as to vary the net annual value of the hereditament of which the dwelling-house consists or forms part; and (b)the alteration has effect from a date not later than that commencement, the net annual value of the dwelling-house on the commencement of this Order shall be ascertained as if the value shown in the valuation list on that commencement had been the value shown in the list as altered. (5) Paragraphs (1) to (4) apply in relation to any other land as they apply in relation to a dwelling-house. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 72 72. The Department may publish information, for the assistance of landlords and tenants, as to their rights and duties and as to the procedure for enforcing those rights or securing the performance of those duties. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 73 73.(1) Any document required or authorised by this Order to be served on a landlord of a dwelling-house shall be deemed to be duly served on him if it is served (a)on any agent of the landlord named as such in the rent book; or (b)on the person who receives the rent of the dwelling-house. (2) If the tenant under a private tenancy of a dwelling-house serves upon any such agent or other person as is referred to in paragraph (1) a notice in writing requiring the agent or other person to disclose to him the full name and place of abode or place of business of the landlord, that agent or other person shall forthwith comply with the notice. (3) If any such agent or other person as is referred to in paragraph (2) fails or refuses forthwith to comply with a notice served on him under that paragraph, he shall be liable to a fine not exceeding #400, unless he shows to the satisfaction of the court that he did not know, and could not with reasonable diligence have ascertained, such of the facts required by the notice to be disclosed as were not disclosed by him. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 74 74.(1) The Department may make regulations (a)prescribing forms for notices, certificates and other documents required or authorised under this Order; (b)requiring such notices, certificates and documents to contain such information as may be specified in the regulations; (c)prescribing the procedure on applications to, and to be followed by, rent assessment committees; (d)prescribing anything which is required by this Order to be prescribed; (e)generally for carrying into effect this Order. (2) Regulations under paragraph (1) may contain provisions modifying Schedule 6, but any such regulations shall be made subject to affirmative resolution. (3) Subject to paragraph (2), regulations under paragraph (1) shall be subject to negative resolution. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 75 75.(1) Subject to Article 5(7), this Order shall apply in relation to premises in which there subsists, or at any material time subsisted, a Crown estate as it applies in relation to premises in which no such estate subsists or ever subsisted. (2) In this Article "Crown estate" means an estate (a)which belongs to the Crown in right of Her Majesty's Government in the United Kingdom or in Northern Ireland; or (b)which is held in trust for Her Majesty for the purposes of a government department. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 76 76. This Order shall have effect notwithstanding any agreement to the contrary. RENT (NORTHERN IRELAND) ORDER 1978 - SECT 77 77.Para.(1), with Schedule 8, effects amendments (2) The savings in Schedule 9 shall have effect. Para.(3), with Schedule 10, effects repeals 1. Paragraph 2 or 3 or, as the case may be, paragraph 4 shall have effect, subject to Article 4(3), for the purpose of determining who is the statutory tenant of a dwelling-house by succession after the death of the person (in this Schedule referred to as "the original tenant") who, immediately before his death, was a protected tenant of the dwelling-house or the statutory tenant of it by virtue of his previous protected tenancy. 2. If the original tenant was a man who died leaving a widow who was occupying the dwelling-house as her residence at his death then, after his death, the widow shall be the statutory tenant if and so long as she continues to occupy the dwelling-house as her residence. 3. If the original tenant was a woman who died leaving a widower who was residing with her at her death then, after her death, the widower shall be the statutory tenant if and so long as he occupies the dwelling-house as his residence. 4. Where (a)paragraph 2 or 3 does not apply, but (b)a person who was a member of the original tenant's family was residing with him at the time of and for the period of six months immediately before his death, 5. A person who becomes the statutory tenant of a dwelling-house by virtue of paragraph 2, 3 or 4 is in this Schedule referred to as "the first successor". 6. If, immediately before his death, the first successor was still a statutory tenant, paragraph 7 or 8 or, as the case may be, paragraph 9 shall have effect, subject to Article 4(3), for the purpose of determining who is the statutory tenant after the death of the first successor. 7. If the first successor was a man who died leaving a widow who was occupying the dwelling-house as her residence at his death then, after his death, the widow shall be the statutory tenant if and so long as she continues to occupy the dwelling-house as her residence. 8. If the first successor was a woman who died leaving a widower who was residing with her at her death then, after her death, the widower shall be the statutory tenant if and so long as he occupies the dwelling-house as his residence. 9. Where (a)paragraph 7 or 8 does not apply, but (b)a person who was a member of the first successor's family was residing with him at the time of and for the period of six months immediately before his death, 10.(1) Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, "the original tenant" and "the first successor" in this Schedule in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly (a)if the successor was the first successor, and, immediately before his death he was still the tenant (whether protected or statutory), paragraphs 7 to 9 shall apply on his death, (b)if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Schedule. (2) Sub-paragraph (1) applies (a)even if a successor enters into more than one other tenancy of the dwelling-house, and (b)even if both the first successor, and the successor on his death, enter into other tenancies of the dwelling-house. (3) In this paragraph "succession" means the occasion on which a person becomes the statutory tenant of a dwelling-house by virtue of this Schedule and "successor" shall be construed accordingly. 11. In this Schedule references to "the first successor" shall be deemed to include references to a tenant of a dwelling-house to which the Rent Restriction Acts applied immediately before the commencement of this Order whose right to retain possession of that dwelling-house arose on the death of such a person as is mentioned in Article 4(5)(b)(i). 1.(1) Where (a)one spouse is entitled, either in his or her own right or jointly with the other spouse, to occupy a dwelling-house by virtue of a protected or statutory tenancy, and (b)the marriage is terminated or annulled by the grant of a decree of divorce or nullity of marriage, (2) Where a spouse is so entitled to occupy the dwelling-house by virtue of a protected tenancy, the court may by order direct that, on the date on which the decree is made absolute, there shall, by virtue of the order and without further assurance, be transferred to his or her former spouse (a)the estate which the spouse so entitled had in the dwelling-house immediately before that date by virtue of the lease or agreement creating the tenancy and any assignment of that lease or agreement, with all rights, privileges and appurtenances attaching to that estate but subject to all covenants, obligations, liabilities and incumbrances to which it is subject; and (b)where that spouse is an assignee of the lease or agreement, the liability of the spouse under any covenant of indemnity by the assignee expressed or implied in the assignment of the lease or agreement to that spouse; (3) Where a spouse is so entitled to occupy the dwelling-house by virtue of a statutory tenancy, the court may by order direct that, on the date on which the decree is made absolute, that spouse shall cease to be entitled to occupy the dwelling-house and that his or her former spouse shall be deemed to be the tenant or, as the case may be, the sole tenant under that statutory tenancy. (4) The question whether the provisions of paragraphs 1 to 4 or, as the case may be, paragraphs 6 to 9 of Schedule 1 as to the succession by the widow or widower of a deceased tenant or by a member of a deceased tenant's family to the statutory tenancy are capable of having effect in the event of the death of the person deemed by an order under sub-paragraph (3) to be the tenant or sole tenant under the statutory tenancy shall be determined according as those provisions or the corresponding provisions of the Rent Restriction Acts have or have not already had effect in relation to the statutory tenancy. (5) Where the court makes an order under this paragraph it may by the order direct that both spouses shall be jointly and severally liable to discharge or perform any or all of the liabilities and obligations in respect of the dwelling-house (whether arising under the tenancy or otherwise) which have at the date of the order fallen due to be discharged or performed by one only of the spouses or which, but for the direction, would before the date on which the decree is made absolute fall due to be discharged or performed by one only of them. (6) Where the court gives a direction under paragraph (5) it may further direct that either spouse shall be liable to indemnify the other in whole or in part against any payment made or expenses incurred by the other in discharging or performing any such liability or obligation. (7) An order under this paragraph may be made at any time after a decree nisi has been granted and before the decree is made absolute. (8) Rules of court shall require the court, before it makes an order under this paragraph, to give the landlord of the dwelling-house to which the order would relate an opportunity of being heard. 2.(1) Where (a)one spouse is entitled, either in his or her own right or jointly with the other spouse, to occupy a dwelling-house by virtue of a protected or statutory tenancy; and (b)either spouse is granted a decree of judicial separation or an order under [Article 18(2)(i) of the Domestic Proceedings (Northern Ireland) Order 1980 (other than such an order made as an interim exclusion order by virtue of Article 21 of that Order) excluding the first-mentioned spouse from the dwelling-house is made upon the application of the other spouse,] (2) Where a spouse is so entitled to occupy the dwelling-house by virtue of a protected tenancy, the court may by order direct that there shall, by virtue of the order and without further assurance, be transferred to his or her spouse (a)the estate which the spouse so entitled had in the dwelling-house immediately before that date by virtue of the lease or agreement creating the tenancy and any assignment of that lease or agreement, with all rights, privileges and appurtenances attaching to that estate but subject to all covenants, obligations, liabilities and incumbrances to which it is subject; and (b)where that first spouse is an assignee of the lease or agreement, the liability of the spouse under any covenant of indemnity by the assignee expressed or implied in the assignment of the lease or agreement to that spouse; (3) Where a spouse is so entitled to occupy the dwelling-house by virtue of a statutory tenancy, the court may by order direct that that spouse shall cease to be entitled to occupy the dwelling-house and that his or her spouse shall be deemed to be the tenant or, as the case may be, the sole tenant under that statutory tenancy. (4) The question whether the provisions of paragraphs 1 to 4 or, as the case may be, paragraphs 6 to 9 of Schedule 1 as to the succession by the widow or widower of a deceased tenant or by a member of a deceased tenant's family to the statutory tenancy are capable of having effect in the event of the death of the person deemed by an order under sub-paragraph (3) to be the tenant or sole tenant under the statutory tenancy shall be determined according as those provisions or the corresponding provisions of the Rent Restriction Acts have or have not already had effect in relation to the statutory tenancy. (5) Where the court makes an order under this paragraph it may by the order direct that both spouses shall be jointly and severally liable to discharge or perform any or all of the liabilities and obligations in respect of the dwelling-house (whether arising under the tenancy or otherwise) which have at the date of the order fallen due to be discharged or performed by one only of the spouses or which, but for the direction, would before the date on which the order is made fall due to be discharged or performed by one only of them. (6) Where the court gives a direction under paragraph (5) it may further direct that either spouse shall be liable to indemnify the other in whole or in part against any payment made or expenses incurred by the other in discharging or performing any such liability or obligation. (7) County court rules shall require the court, before it makes an order under this paragraph, to give the landlord of the dwelling-house to which the order would relate an opportunity of being heard. [(8) Where while an order under Article 18(2)(i) of the Domestic Proceedings (Northern Ireland) Order 1980 other than such an order made as an interim exclusion order by virtue of Article 21 of that Order is in force an application is made for an order under this paragraph, the court may make the order applied for notwithstanding that, at the time when it does so, the first-mentioned order has ceased to have effect otherwise than by reason of its revocation; and where an order is made under this paragraph it shall not be affected by an order under the said Order of 1980 subsequently ceasing to have effect.] 3. In this Schedule "spouse" includes a party to a void or voidable marriage. A dwelling-house satisfies the regulated tenancy standards if (a)it is structurally stable; (b)it is substantially free from damp; (c)it has satisfactory provision for natural lighting and for ventilation; (d)it has an adequate piped supply of wholesome water available within the dwelling-house; (e)it has a water closet available for the exclusive use of the occupants of the dwelling-house; (f)it has an effective system for the drainage and disposal of foul and surface water; (g)it has satisfactory facilities for the storage and preparation of food within the house; (h)its internal arrangement is satisfactory; (i)it has a hot water supply at a sink within the dwelling-house; (j)it is in such a state of repair as to render it reasonably suitable for occupation. Where any rent lawfully due from the tenant has not been paid, or any obligation of the protected or statutory tenancy which arises under this Order, or (a)in the case of a protected tenancy, any other obligation of the tenancy, in so far as it is consistent with Part III of this Order, or (b)in the case of a statutory tenancy, any other obligation of the previous protected tenancy which is applicable to the statutory tenancy, Where the tenant or any person residing or lodging with him or any sub-tenant of his (a)has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers; or (b)has been convicted of using the dwelling-house or allowing the dwelling-house to be used for immoral or illegal purposes. Where (a)the condition of the dwelling-house has, in the opinion of the court, deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any person residing or lodging with him or any sub-tenant of his, and (b)in the case of any act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the court is satisfied that the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant, as the case may be. Where (a)the condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any person residing or lodging with him or any sub-tenant of his, and (b)in the case of any ill-treatment by a person lodging with the tenant or a sub-tenant of his the court is satisfied that the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant, as the case may be. Where (a)the tenant has given notice to quit, and (b)in consequence of that notice, the landlord has contracted to sell or let the dwelling-house or has taken any other steps as the result of which he would, in the opinion of the court, be seriously prejudiced if he could not obtain possession. Where, without the consent of the landlord, the tenant has, at any time after the commencement of this Order, assigned or sub-let the whole of the dwelling-house or sub-let part of the dwelling-house, the remainder being already sub-let. Where (a)the dwelling-house is reasonably required by the landlord for occupation as a residence for some person engaged in his whole-time employment, or in the whole-time employment of some tenant from him or with whom, conditional on housing being provided, a contract for such employment has been entered into, and (b)the tenant was in the employment of the landlord or a former landlord; and (c)the dwelling-house was let to the tenant in consequence of that employment and he has ceased to be in that employment. Where the dwelling-house is reasonably required by the landlord for occupation as a residence for (a)himself, or (b)any son or daughter of his over the age of 18, or (c)his father or mother, or (d)if the dwelling-house is let on or subject to a regulated tenancy, the father or mother of his wife or husband. Where the court is satisfied that the rent charged by the tenant for any sub-let part of the dwelling-house which is a dwelling-house let on a protected tenancy or subject to a statutory tenancy is or was in excess of the maximum rent for the time being recoverable for that part, having regard to Part IV or, as the case may be, Part VI of this Order. Where (a)the dwelling-house is the sole or principal dwelling-house on any agricultural land used for agriculture; and (b)the court is satisfied that the landlord intends to sell the land. For the purposes of this Case "agriculture" has the same meaning as in the Agricultural Wages (Regulation) (Northern Ireland) Order 1977. (1) Where a person who occupied the dwelling-house as his residence (in this Case referred to as "the owner-occupier") let it on a protected tenancy, and (a)not later than the commencement of that tenancy the landlord gave notice to the tenant that possession might be recovered under this Case; and (b)the dwelling-house has not since the commencement of that tenancy been let by the owner-occupier on a protected tenancy with respect to which the condition mentioned in sub-paragraph (a) was not satisfied; and (c)the court is satisfied that the dwelling-house is required as a residence for the owner-occupier or any member of his family who resided with the owner-occupier when he last occupied the dwelling-house as a residence. (2) If the court is of the opinion that, notwithstanding that the condition in paragraph (1)(a) or (b) is not complied with, it is just and equitable to make an order for possession of the dwelling-house, the court may dispense with the requirements of either or both of those sub-paragraphs. Where (a)a person (in this Case referred to as "the owner") who acquired the dwelling-house or any estate therein with a view to occupying it as his residence at such time as he might retire from regular employment let it on a protected tenancy before he has so retired; and (b)the court is satisfied either (i)that the owner has retired from regular employment and requires the dwelling-house as a residence, or (ii)that the owner has died and the dwelling-house is required as a residence for a member of his family who was residing with him at the time of his death. Where (a)the dwelling-house is held for the purpose of being available for occupation by a minister or a full-time lay missionary of any religious denomination as a residence from which to perform the duties of his office; and (b)the court is satisfied that the dwelling-house is required for occupation by such a minister or missionary as such a residence. Where the dwelling-house was at any time occupied by a person under the terms of his employment as a person employed in agriculture and (a)the tenant neither is nor at any time was so employed by the landlord and is not the widow of a person who was so employed, and (b)not later than 1st April 1979 or the date of the commencement of the protected tenancy in question (whichever is the later), the tenant was given notice in writing that possession might be recovered under this Case, and (c)the court is satisfied that the dwelling-house is required for occupation by a person employed or to be employed by the landlord in agriculture; Where proposals for amalgamation, approved for the purposes of a scheme under section 26 of the Agriculture Act 1967, have been carried out and, at the time when the proposals were submitted, the dwelling-house was occupied by a person responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of any part of the land comprised in the amalgamation and (a)after the carrying out of the proposals, the dwelling-house was let on a protected tenancy otherwise than to, or to the widow of, either a person ceasing to be so responsible as part of the amalgamation or a person who is, or at any time was, employed by the landlord in agriculture, and (b)not later than the date of the commencement of the protected tenancy in question the tenant was given notice in writing that possession might be recovered under this Case, and (c)the court is satisfied that the dwelling-house is required for occupation by a person employed, or to be employed, by the landlord in agriculture, and (d)the proceedings for possession are commenced by the landlord at any time during the period of 5 years beginning with the date on which the proposals for the amalgamation were approved or, if occupation of the dwelling-house after the amalgamation continued in, or was first taken by, a person ceasing to be responsible as mentioned in paragraph (a) or his widow, during a period expiring 3 years after the date on which the dwelling-house next became unoccupied. (1) Where (a)the last occupier of the dwelling-house before the date of the commencement of the protected tenancy in question was a person, or the widow of a person, who was at some time during his occupation responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of land which formed, together with the dwelling-house, an agricultural unit, and (b)the tenant is neither (i)a person, or the widow of a person, who is or has at any time been responsible for the control of the farming of any part of that land, nor (ii)a person, or the widow of a person, who is or at any time was employed by the landlord in agriculture, and (c)the creation of the tenancy was not preceded by the carrying out in connection with any of that land of an amalgamation approved for the purposes of a scheme under section 26 of the Agriculture Act 1967, and (d)not later than the date of the commencement of the protected tenancy in question the tenant was given notice in writing that possession might be recovered under this Case, and (e)the court is satisfied that the dwelling-house is required for occupation either by a person responsible or to be responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of any part of that land or by a person employed or to be employed by the landlord in agriculture, and (f)where the date of the commencement of the protected tenancy in question was before the commencement of this Order, the proceedings for possession are commenced by the landlord before the expiry of 5 years from the date on which the occupier referred to in paragraph (a) went out of occupation. (2) For the purposes of this Case "employed" and "agriculture" have the same meanings as in the Agricultural Wages (Regulation) (Northern Ireland) Order 1977 and "amalgamation" has the same meaning as in Part II of the Agriculture Act 1967. (3) In this Case "agricultural unit" means land which is occupied as a unit for agricultural purposes, including any dwelling-house or other building occupied by the same person for the purpose of farming the land. A court shall not make an order for possession of a dwelling-house by reason only that the circumstances of the case fall within Case 8 in Part I if the court is satisfied that, having regard to all the circumstances of the case, including the question whether other accommodation is available for the landlord or the tenant, greater hardship would be caused by granting the order than by refusing to grant it. 1. For the purposes of Article 13(1)(a), a certificate of the Executive or of a registered housing association certifying that the Executive or the registered housing association, as the case may be, will provide suitable alternative accommodation for the tenant by a date specified in the certificate, shall be conclusive evidence that suitable alternative accommodation will be available for him by that date. 2. Where no such certificate as is mentioned in paragraph 1 is produced to the court, accommodation shall be deemed to be suitable for the purposes of Article 13(1)(a) if it consists of either (a)premises which are to be let as a separate dwelling such that they will then be let on a protected tenancy, or (b)premises to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by Part III of this Order in the case of a protected tenancy. 3.(1) For the purposes of paragraph 2, the relevant conditions are that the accommodation is reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, and either (a)similar as regards rental and extent to the accommodation afforded by dwelling-house provided in the neighbourhood by the Executive for persons whose needs as regards extent are, in the opinion of the court, similar to those of the tenant and his family; or (b)reasonably suitable to the means of the tenant and to the needs of the tenant and his family as regards extent and character. (2) For the purposes of sub-paragraph (1)(a), a certificate of the Executive stating (a)the extent of the accommodation afforded by dwelling-houses provided by the Executive to meet the needs of tenants with families of such number as may be specified in the certificate, and (b)the amount of the rent charged by the Executive for dwelling-houses affording accommodation of that extent, 4. Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of the Public Health Acts or the Housing Acts. 5. Any document purporting to be a certificate of the Executive or of a registered housing association named therein issued for the purposes of this Schedule and to be signed by a member of the Executive or by an authorised employee of the Executive or by a member of the committee of the registered housing association, as the case may be, shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof. 1. The Department shall draw up and revise a panel of persons to act as chairmen and other members of rent assessment committees. 2. The panel shall consist of a number of persons appointed by the Department, and, if the Department thinks fit, a number of persons appointed to act only in case of absence or incapacity of other members of the panel. 3. The Department shall nominate two persons on the panel to act as rent officer and deputy rent officer. 4. Subject to paragraphs 5 to 8, the number of rent assessment committees, the areas for which any such committees shall act and the constitution of those committees shall be determined by the rent officer or, in the case of the rent officer's absence or incapacity, by the deputy rent officer. 5. Subject to paragraph 6, each rent assessment committee shall consist of a chairman and one or two other members. 6. The rent officer may, if he thinks fit, direct that when dealing with a case in such circumstances as may be specified in the direction, the chairman sitting alone may, with the consent of the parties, exercise the functions of a rent assessment committee. 7. There shall be paid to members of the panel such remuneration and allowances as the Department, with the consent of the Department of the Civil Service, may determine. 8. The Department may make available to rent assessment committees such of its officers as it considers necessary. 1.(1) An application for the determination of an appropriate rent by a rent assessment committee shall be sent to the rent officer. (2) The rent officer shall assign an application sent to him under sub-paragraph (1) to such rent assessment committee as he considers appropriate. 2.(1) The rent assessment committee to which an application for the determination of an appropriate rent is assigned (a)may by notice in the prescribed form served on the landlord or the tenant require him to give to the committee, within such period of not less than twenty-one days from the service of the notice as may be specified in the notice, such information as it may reasonably require; and (b)shall serve on the landlord and on the tenant a notice specifying a period of not less than twenty-one days from the service of the notice during which either representations in writing or a request to make oral representations may be made by him to the committee. (2) If any person fails without reasonable cause to comply with any notice served on him under sub-paragraph (1)(a), he shall be guilty of an offence and liable to a fine not exceeding #400. 3. Where, within the period specified in paragraph 2(1)(b), or such further period as the committee may allow, the landlord or the tenant requests to make oral representations the committee shall give him an opportunity to be heard either in person or by a person authorised by him in that behalf, whether or not that person is of counsel or a solicitor. 4.(1) The committee shall make such inquiry (if any) as it thinks fit and consider any information supplied or representation made to it in pursuance of paragraph 2 or 3 and (a)if it appears to it that the rent sought to be registered is an appropriate rent, it shall confirm that rent; (b)if it does not appear to it that the rent is an appropriate rent, it shall determine an appropriate rent for the dwelling-house. (2) Before confirming or determining a rent under this paragraph, the committee shall afford to the rent officer an opportunity to make oral or written representations. (3) Where the committee confirms or determines a rent under this paragraph it shall notify the landlord, the tenant and the Department accordingly. (4) On receiving the notification, the Department shall, as the case may require, either indicate in the register that the rent has been confirmed or register the rent determined by the committee as the rent for the dwelling-house. 1. For the purposes of this Order, the amount of rates for any rental period shall be taken, subject to the following provisions of this Schedule, to be an amount which bears to the total rates payable during the relevant rating period the same proportion as the length of the rental period bears to the length of the relevant rating period. 2. In this Schedule "the relevant rating period", in relation to a rental period, means the rating period during which the rent for that rental period is payable. 3. The amount of the rates for any rental period which precedes the making by the Department of Finance of its first demand for, or for an instalment of, the rates for the relevant rating period shall be calculated on the basis that the rates for that rating period will be the same as for the last preceding rating period. 4.(1) On the making by the Department of Finance of its first such demand, and on the making by that Department of any subsequent such demand, the amount of the rates for any rental period shall if necessary be recalculated on the basis that the rates for the relevant rating period will be such as appears from the information given in the demand and any previous demands. (2) Any such recalculation shall not affect the ascertainment of the rates for any rental period beginning more than thirteen weeks before the date of the service of the demand giving rise to the recalculation. 5. If as a result of the alteration of the net annual value of a dwelling-house the rates payable for the relevant rating period are varied, the amount of the rates for a rental period shall be recalculated so as to give effect to the variation; but any such recalculation shall not affect the ascertainment of the rates for any rental period beginning more than thirteen weeks before the date of the service of the demand giving rise to the recalculation. 6. In computing the rates for any rental period for the purposes of this Schedule, any discount, and any allowance made under any of the statutory provisions relating to allowances given where rates are paid by the owner instead of by the occupier, shall be left out of account, and accordingly those rates shall be computed as if no such discount or allowance had fallen to be, or had been, allowed or made. Schedule 8Amendments 1. The repeal by this Order of the Rent Restriction Acts shall not affect the continued operation of those Acts in relation to any mortgage to which those Acts applied which was created before the commencement of this Order. 2. The repeal by this Order of section 3 of the Rent and Mortgage Interest (Restrictions) Act (Northern Ireland) 1932 or section 19 of the Act of 1940 shall not affect the continued operation of that section in relation to (a)an agreement, made before the commencement of this Order, for the sale of a dwelling-house; (b)an agreement, made before the commencement of this Order, giving an option to purchase a dwelling-house; (c)an agreement, made before the commencement of this Order, to pay periodical instalments for the purpose of the purchase of a dwelling-house. 3. Where (a)before the commencement of this Order, either (i)a landlord has obtained an order for possession of a dwelling-house on the ground specified in section 5(1)(e) of the Act of 1920 or section 8(1)(e) of the Act of 1940; or (ii)a tenant has given up possession of a dwelling-house upon a representation by the landlord or his agent that the house was required by the landlord for any of the purposes set out in the said section 5(1)(e) or 8(1)(e); (b)after the commencement of this Order, it is made to appear to the court that that order was obtained, or the tenant gave up possession, owing to misrepresentation or concealment of material facts, 4. In this Schedule "the Act of 1920" means the Increase of Rent and Mortgage Interest (Restrictions) Act 1920; "the Act of 1940" means the Rent and Mortgage Interest (Restrictions) Act (Northern Ireland) 1940. Schedule 10Repeals 1940 c.7

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	Statutes of Northern Ireland
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Statutes of Northern Ireland