Private Tenancies (Coronavirus Modifications) Act (Northern Ireland) 2020

Notice to quit: private tenancies

1

• (1) During the emergency period, Article 14 of the Private Tenancies (Northern Ireland) Order 2006 (length of notice to quit) has effect in relation to a notice to quit given by a landlord as if—

• (a) in paragraph (1), for “the relevant period” there were substituted “ 12 weeks ”, and

• (b) paragraph (1A) were omitted.

• (2) In subsection (1), “the emergency period” means the period—

• (a) beginning with the day after the day on which this Act receives Royal Assent, and

• (b) ending with 4th May 2022.

• (3) The Department may by regulations amend the date specified in subsection (2)(b) to another specified date.

• (4) The power in subsection (3) may be exercised on more than one occasion so as to further amend the date.

• (5) Any amendment of the date specified in subsection (2)(b) cannot result in the emergency period ending later than—

• (a) 2 years beginning with the day after the day on which this Act receives Royal Assent, or

• (b) such shorter period as the Department may by regulations specify.

• (6) Regulations under this section are subject to negative resolution.

Power to alter notice period

2

• (1) The Department may (subject to subsections (2) and (3)) by regulations amend section 1(1)(a)—

• (a) to alter the reference to 12 weeks to—

• (i) a reference to 6 months, or

• (ii) a reference to any other specified period which is less than 6 months, or

• (b) to alter a reference which has been altered by virtue of paragraph (a) or this paragraph.

• (2) A reference which has been altered by virtue of subsection (1)(a) or (b) cannot result in the reference being to a specified period of more than 6 months.

• (3) Regulations under subsection (1) may not alter the reference in section 1(1)(a) to a period of more than 12 weeks in the case of—

• (a) a landlord who needs to live in the dwelling-house, or

• (b) a landlord of a tenancy in which the tenant, or any other person residing in the tenant's household, engages in serious anti-social behaviour after this Act comes into operation.

• (4) Regulations under subsection (1) may, in particular—

• (a) make provision about the meaning of “needs to live in the dwelling-house” and “engages in serious anti-social behaviour” in subsection (3);

• (b) make provision about the evidence to be provided to show that a case falls within subsection (3)(a) or (b).

• (5) Regulations under subsection (1) are subject to negative resolution.

Power to make further provision

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• (1) The Department may by regulations make provision for a statutory provision to have effect with modifications in consequence of any provision of this Act.

• (2) The Department may by regulations make transitional, transitory or saving provision in connection with—

• (a) any provision made under subsection (1);

• (b) the coming into operation of this Act;

• (c) the emergency period coming to an end.

• (3) Regulations made under this section containing provision which modifies Northern Ireland legislation may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

• (4) Any other regulations made under this section are subject to negative resolution.

Interpretation

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• (1) In this Act—

• “the Department” means the Department for Communities;

• “the emergency period” has the meaning given by section 1(2).

• (2) Expressions used in this Act and in the Private Tenancies (Northern Ireland) Order 2006 have the meaning given in that Order.

Commencement

5

This Act comes into operation on the day after the day on which this Actreceives Royal Assent.

Short title

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This Act may be cited as the Private Tenancies (Coronavirus Modifications)Act (Northern Ireland) 2020.

Notice to quit: private tenancies

Power to alter notice period

Editorial notes

[^key-7a24a736e6e0c738876ffe5f22490b92]: Words in s. 1(2)(b) substituted (29.9.2021) by The Private Tenancies (Coronavirus Modifications) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/242), regs. 1, 2