RENT (NORTHERN IRELAND) ORDER 1978

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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.

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Northern Irish Legislation

RENT (NORTHERN IRELAND) ORDER 1978 - SECT 27