Private Tenancies Act (Northern Ireland) 2022

Tenant to be given notice regarding certain matters

1

• (1) The 2006 Order is amended in accordance with subsections (2) to (4).

• (2) In Part 2, after the italic heading “Particulars relating to the tenancy, etc.” insert—

(4A) (1) This Article applies where a private tenancy of a dwelling-house is granted on or after the date on which section 1 of the Private Tenancies Act (Northern Ireland) 2022 comes into operation. (2) The landlord under the tenancy must, within 28 days after the date on which the tenancy is granted, give to the tenant a notice— (a) in the prescribed form, and (b) containing the prescribed particulars and other prescribed information relating to the tenancy. (3) A tenant must not be required to make a payment in respect of any notice under paragraph (2). (4) A landlord who fails to comply with paragraph (2) is guilty of an offence under this Order. (4B) (1) This Article applies where, on or after the date on which section 1 of the Private Tenancies Act (Northern Ireland) 2022 comes into operation, a prescribed term of a private tenancy of a dwelling-house is varied; and it applies regardless of the date on which the tenancy was granted. (2) The landlord under the tenancy must, within 28 days after the date on which the term of the tenancy is varied, give to the tenant a notice— (a) in the prescribed form, and (b) containing the prescribed information relating to the variation of the term. (3) In paragraphs (1) and (2) “varied” includes varied by omission. (4) A tenant must not be required to make a payment in respect of any notice under paragraph (2). (5) A landlord who fails to comply with paragraph (2) is guilty of an offence under this Order. (4C) (1) If a landlord is convicted of an offence under Article 4A(4) or 4B(5), and the failure continues for more than 14 days after the conviction, the landlord is deemed to have committed a further offence under that paragraph in respect of that failure. (2) Paragraph (3) applies where— (a) a landlord fails to comply with Article 4A(2) or 4B(2), (b) the landlord is given a fixed penalty notice under Article 68A in respect of an offence under Article 4A(4) or 4B(5) on the grounds of that failure, and (c) the landlord pays the fixed penalty stated in the notice. (3) If the failure to comply with Article 4A(2) or 4B(2) continues for more than 14 days after the landlord pays the fixed penalty, the landlord is guilty of an offence under this Order.

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• (3) In Article 68(1) (prosecution and punishment of offences), after “Article” insert “4A(4), 4B(5), 4C(3),”.

• (4) In Article 68A (fixed penalty for certain offences)—

• (a) in paragraph (1), after “has committed” insert—

(za) an offence under Article 4A(4) or 4B(5), except one deemed to have been committed by virtue of Article 4C(1); (zb) an offence under Article 4C(3);

;

• (b) in paragraph (8), after “under Article” insert “4A(4), 4B(5), 4C(3),”.

• (5) Omit section 1 of the Housing (Amendment) Act (Northern Ireland) 2011.

Tenant to be given notice regarding certain past matters

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Schedule 1 provides for the giving of notice regarding certain matters to the tenants of dwelling-houses that are let under a private tenancy on the date on which section 1 comes into operation—

• (a) where the tenancy was granted on or after 30 June 2011 but before the date on which section 1 comes into operation;

• (b) where certain terms of the tenancy were varied on or after 30 June 2011 but before the date on which section 1 comes into operation.

Tenant to be provided with a rent receipt for payment in cash

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• (1) The 2006 Order is amended as follows.

• (2) For Article 5 substitute—

(5) (1) This Article applies where the tenant of a dwelling-house makes to the landlord in cash— (a) any payment in consideration of the grant, renewal or continuance of a private tenancy, or (b) any payment in satisfaction (or part satisfaction) of an obligation arising under a private tenancy. (2) The landlord must provide the tenant with a written receipt for the payment stating— (a) the date of payment; (b) what the payment was for; (c) the amount paid; (d) if any amount remains outstanding, that amount; (e) if no further amount remains outstanding, that fact. (3) Where a tenant pays a single sum consisting of two or more payments— (a) the duty in paragraph (2)(c) includes a duty to state how the sum paid is apportioned between each payment, and (b) sub-paragraphs (d) and (e) of that paragraph apply in respect of each payment. (4) Where, in the case of any payment within paragraph (1)(b), it is not possible for the person giving the receipt to state with certainty the amount that was required to satisfy the obligation in question, sub-paragraphs (d) and (e) of paragraph (2) require the matters mentioned in them to be stated to the best of that person’s knowledge and belief. (5) The receipt must be provided— (a) at the time the payment is made, or (b) if that is not possible, as soon as reasonably possible after that time. (6) A tenant must not be required to make a payment in respect of the provision of the receipt. (7) In the event of a failure to comply with paragraph (2) or (5), the following are guilty of an offence under this Order— (a) the landlord, and (b) any person appointed by the landlord to provide the receipt. (But see Article 5ZB for a defence to this offence.) (8) In this Article— - “landlord” includes a former landlord and (in a case falling within paragraph (1)(a)) a prospective landlord; - “tenant” includes a former tenant and (in a case falling within paragraph (1)(a)) a prospective tenant. (5ZA) (1) If a landlord is convicted of an offence under Article 5(7)(a) in respect of a failure to comply with Article 5(2), and the failure continues for more than 14 days after the conviction, the landlord is deemed to have committed a further offence under Article 5(7)(a) in respect of that failure. (2) Paragraph (3) applies where— (a) a landlord fails to comply with Article 5(2), (b) the landlord is given a fixed penalty notice under Article 68A in respect of an offence under Article 5(7)(a) on the grounds of that failure, and (c) the landlord pays the fixed penalty stated in the notice. (3) If the failure to comply with Article 5(2) continues for more than 14 days after the landlord pays the fixed penalty, the landlord is guilty of an offence under this Order. (But see Article 5ZB for a defence to this offence.) (4) In this Article “landlord” has the meaning given by Article 5(8). (5ZB) (1) This Article applies where, in the case of a controlled tenancy (within the meaning given by Article 40(4)), a payment in cash was made in respect of rent for the tenancy. (2) If— (a) a person is charged with an offence under Article 5(7) and a qualifying receipt was provided in accordance with Article 5(5), or (b) a person is charged with an offence under Article 5ZA(3) and a qualifying receipt was provided at any time before the end of the period of 14 days mentioned in Article 5ZA(3) (including before the fixed penalty notice was given), paragraph (6) applies. (3) A receipt is a qualifying receipt for the purposes of paragraph (2) if— (a) it complies with Article 5(2)(a), (b) and (c), (b) it complies with Article 5(2)(d) and (e) in respect of any payment, other than the rent, that was included in the sum paid, and (c) either condition A or condition B is met. (4) Condition A is that— (a) after the cash payment, no further amount in respect of rent in fact remained outstanding, (b) the receipt stated that there was an amount outstanding, and (c) that amount consists wholly of a sum that is irrecoverable by virtue of Article 50(1). (5) Condition B is that— (a) after the cash payment, an amount in respect of rent in fact remained outstanding (“the true arrears”), (b) the receipt stated as outstanding an amount that was more than the true arrears, and (c) the difference between the stated amount and the true arrears consists wholly of a sum that is irrecoverable by virtue of Article 50(1). (6) It is a defence to the offence under Article 5(7) or (as the case may be) Article 5ZA(3) for the person charged to prove that the landlord (or former landlord) had a bona fide claim that the sum mentioned in paragraph (4)(c) or (5)(c) was recoverable.

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• (3) In Article 50 (tenancies subject to rent control: rent in excess of limit to be irrecoverable), after paragraph (3) insert—

(4) In paragraph (2) “similar document” does not include a receipt under Article 5(2).

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• (4) In Article 66(1)(a) (service on an agent named in the rent book deemed to be service on the landlord), for “the rent book” substitute “a rent book”.

• (5) In Article 68(1) (prosecution and punishment of offences), for “5(4)” substitute “5(7), 5ZA(3)”.

• (6) In Article 68A (fixed penalty for certain offences)—

• (a) in paragraph (1), after sub-paragraph (zb) (as inserted by section 1), insert—

(zc) an offence under Article 5(7), except one deemed to have been committed by virtue of Article 5ZA(1); (zd) an offence under Article 5ZA(3);

;

• (b) in paragraph (8), after “4C(3),” (as inserted by section 1) insert “5(7), 5ZA(3),”.

Limit on tenancy deposit amount

4

• (1) The 2006 Order is amended as follows.

• (2) After Article 5ZB (as inserted by section 3) insert—

(5ZC) (1) A person (A) must not— (a) require the payment by another person of a tenancy deposit in connection with a private tenancy, or (b) require that the person to whom a tenancy deposit would otherwise be repaid (B) consent to the retention of a deposit (by A or a third person) in connection with a private tenancy, that is in excess of the amount of 1 month’s rent payable under the tenancy. (2) For the purposes of paragraph (1)(b), A requires that B consent to the retention of a deposit if— (a) a tenancy deposit is paid (at any time) in connection with a private tenancy (“the first tenancy”), (b) a person proposes to grant, or has granted, a private tenancy of that or another dwelling-house (whether to the tenant of the first tenancy or to another person), and (c) A requires that B consent to some or all of the deposit continuing to be held, on or after the ending of the first tenancy, in connection with the new tenancy. (3) “1 month’s rent payable under the tenancy”, where the rent under a private tenancy is not payable monthly, means— (a) where the rent under the tenancy is payable for periods of whole months, the rent for a period divided by the number of months in the period; (b) where the rent is payable for periods determined otherwise than by reference to whole months, the rent attributable to 1 day’s letting under the tenancy multiplied by 30. (4) A person who contravenes paragraph (1) is guilty of an offence under this Order. (5) Where a person— (a) is convicted of an offence under paragraph (4), and (b) has received or, as the case may be, retained a tenancy deposit in excess of the amount of 1 month’s rent payable under the tenancy, the court may order the excess to be repaid to the person who paid it. (6) In this Article— - “tenancy deposit”, in relation to a private tenancy, means any money intended to be held (by the landlord or otherwise) as security for— the performance of any obligations of the tenant arising under or in connection with the tenancy, or the discharge of any liability of the tenant so arising; - “money” means money in the form of cash or otherwise. (5ZD) (1) A tenancy deposit in relation to a private tenancy that has not been paid is irrecoverable to the extent that it exceeds the amount of 1 month’s rent payable under the tenancy (and this is so despite anything in any agreement). (2) Where, in connection with a private tenancy— (a) a tenancy deposit has been paid or retained (as defined in paragraph (3)), and (b) at the time of payment or retention, or at any time thereafter, the deposit exceeds the amount of 1 month’s rent payable under the tenancy, the excess is recoverable by the person who paid it. (3) For the purposes of paragraph (2), if— (a) a tenancy deposit is paid (at any time) in connection with a private tenancy (“the first tenancy”), (b) a private tenancy is granted of that or another dwelling-house (whether to the tenant of the first tenancy or to another person) or (where the first tenancy is a protected tenancy) a statutory tenancy comes into existence, and (c) on or after the ending of the first tenancy, some or all of the deposit continues to be held in connection with the new tenancy, the deposit is retained in connection with the new tenancy. (4) In this Article “1 month’s rent payable under the tenancy” and “tenancy deposit” have the same meaning as in Article 5ZC.

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• (3) In Article 68(1) (prosecution and punishment of offences), after “5ZA(3)” (as inserted by section 3) insert “, 5ZC(4)”.

• (4) In Article 68A (fixed penalty for certain offences)—

• (a) in paragraph (1), after sub-paragraph (zd) (as inserted by section 3) insert—

(ze) an offence under Article 5ZC(4);

;

• (b) in paragraph (8), after “5ZA(3),” (as inserted by section 3) insert “5ZC(4),”.

• (5) The following provisions (inserted by subsection (2)) have effect as follows—

• (a) Article 5ZC(1)(a) prohibits the making of a requirement within that sub-paragraph on or after the commencement date;

• (b) Article 5ZC(1)(b) prohibits the making of a requirement within that sub-paragraph on or after the commencement date, regardless of the date on which the deposit was paid or the date on which the first tenancy ends;

• (c) Article 5ZD(1) does not prevent the recovery of a tenancy deposit under a legal obligation that existed before the commencement date (whether that obligation accrues before or after that date);

• (d) Article 5ZD(2) has effect in relation to tenancy deposits that are paid on or after the commencement date except where the deposit was required to be paid under or in connection with a legal obligation that existed before the commencement date (whether that obligation accrues before or after that date);

• (e) Article 5ZD(2) has effect in relation to tenancy deposits that are retained on or after the commencement date except where the deposit was liable to be retained under or in connection with a legal right that existed before the commencement date (whether that right accrues before or after that date).

• (6) In subsection (5) “commencement date” means the date on which this section comes into operation.

Increase in time limits for requirements relating to tenancy deposits

5

In Article 5B of the 2006 Order (requirements relating to tenancy deposits)—

• (a) in paragraph (3), for “14 days” substitute “28 days”;

• (b) in paragraph (6)(b), for “28 days” substitute “35 days”.

Certain offences in connection with tenancy deposits to be continuing offences

6

In Article 5B of the 2006 Order (requirements relating to tenancy deposits), after paragraph (11) insert—

(11A) A person who commits an offence by failing to comply with the requirements of paragraph (3) or (6) continues to commit the offence throughout any period during which the failure continues.

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Regulation of rent

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• (1) The 2006 Order is amended as follows.

• (2) After Article 5B insert—