Effective from April 2007, The Private Tenancies (Northern Ireland) Order 2006 introduced a new structure for the private rented sector in Northern Ireland. Its principal features included:

• new tenancies were defined according to their fitness for habitation – an unfit tenancy was made subject to rent control until made fit
• district councils were made responsible for inspecting tenancies for fitness and given powers to ensure that unfitness and serious disrepair is addressed
• controlled rents are now based on a number of factors including the condition of the property, the equivalent Housing Executive rent for a similar dwelling and the general level of rents in the area
• restricted and regulated tenancies retained their protection. Existing tenants were confirmed as having a tenancy for life but with only one further succession possible (rather than two as before).

There are to be no more protected tenancies. On vacancy, all protected tenancies become decontrolled so that if fit for habitation the rent is not subject to control when the property is re-let.
As well as having rent books, new tenants have to be supplied with a written statement of the terms of their tenancy. Where a tenancy agreement fails to clarify repairing obligations, the law provides default terms.
The provisions of the Rent Order which allowed for annual rent increases for registered rents was repealed on 1 April 2007. To increase controlled rents after this date, landlords have had to apply to the Rent Officer for Northern Ireland (www.rentofficer-ni.gov.uk).
Whether or not a rental property is deemed fit for habitation depends on whether or not it meets the statutory fitness standard set out in the Housing (Northern Ireland) Order 1981 (as amended by the Housing (NI) Order 1992). To meet the standard a dwelling must:

• be structurally stable
• be free from serious disrepair
• be free from dampness prejudicial to the health of the occupants
• have adequate provision for lighting, heating and ventilation
• have an adequate piped supply of wholesome water
• have satisfactory facilities in the house for the preparation and cooking of food, including a sink with a satisfactory supply of hot and cold water
• have a suitably located water closet for the exclusive use of the occupants
• have a suitably located fixed bath or shower and wash hand basin, for the exclusive use of the occupants, each of which is provided with a satisfactory supply of hot and cold water
• have an effective system for the draining of foul, waste and surface water.

There are a number of free booklets for landlords that can be downloaded from Northern Ireland’s Department for Social Development website (www.dsdni.gov.uk). They include: ‘Protection Against Harassment and Illegal Eviction – A Guide for Private Landlords and Tenants in Northern Ireland’’, ‘Protected and Statutory Tenancies – A Guide for Private Landlords’, ‘Tenants in Northern Ireland’, ‘Repairs – A Guide for Private Landlords and Tenants in Northern Ireland’ and ‘Private Tenancies – A Guide for Private Landlords and Tenants in Northern Ireland’.
Meanwhile NI Direct (www.nidirect.gov.uk) has a list of landlord obligations. These are responsibility for:

• Compliance with the Disability Discrimination Order (NI) 2006, the Sex Discrimination (Northern Ireland) Order 1976, the Race Relations (NI) Order 1997
• repairs to the structure and exterior of rental properties, their heating and hot water systems, basins, sinks, baths and other sanitary ware
• the safety of gas and electrical appliances
• the fire safety of and furniture and furnishings provided as part of the tenancy
• ensuring that rental properties are is fit for habitation
• repairing and keeping in working order the room and water heating equipment
• maintaining the common areas in multi-occupancy dwellings.

For additional information on landlord responsibilities, landlords are advised to check the Housing Executive’s website (www.nihe.gov.uk).
Unlike landlords in England and Scotland, those in Northern Ireland must always provide a rent book. They may also be responsible for paying local rates. This is the case where the capital value of the property is less that £55,000, where it is between £55,001 and £150,000 and the rental frequency is less than quarterly. However, rate rebates are available.