Privately Rented Housing

Under the Private Tenancies (NI) Order 2006, the Rent (NI) Order 1978 and the Clean Neighbourhoods and Environment Act (NI) 2011, landlords have certain legal responsibilities to their tenants.

If you live in privately rented accommodation or act as a landlord, it is possible that you may occasionally experience disputes in relation to your accommodation or the terms of your rental agreement. Staff from the Council’s Environmental Health and Wellbeing Team can offer advice to tenants, landlords and letting agents on what their legal rights and responsibilities are. Advice for private tenants and landlords (pdf)

For any queries on the above, please contact the Environmental Health Department via T. 02890340160 or E. EnvHealth@antrimandnewtownabbey.gov.uk

• Mediation Service

  A mediation service is available to those currently living or providing accommodation in a private rental. The service is funded by Department for Communities and is operated by Housing Rights.

  The Housing Mediation Service is free and is open to:

  • Tenants

  • Registered Landlords

  • Letting agents

  • Housing associations operating in the sector
     

  The service can help with many kinds of disputes including:

  • Property standards

  • Repairs

  • Entry rights

  • Rent/rates arrears

  • Unprotected tenancy deposits,

  • Threatened evictions

  • Breach of tenancy terms

  • Noise/Anti-social behaviour

  When both parties in the dispute have agreed to take part in mediation an independent mediator with specialist housing knowledge helps the parties talk about their dispute and come to a solution that works for everyone. 
  
  Housing Mediation Service (pdf)

  Mediation Service for Private Landlords and Tenants

• New Private Tenancies (NI) Act 2022

  The Private Tenancies Act (Northern Ireland) 2022 comes into force on 1 April 2023 and provides greater protections for those living in the Private Rented Sector. This means that Landlords, Agents and Tenants need to be aware of the changes the new legislation will introduce.

  The new requirements for landlords include providing tenants with a free notice containing tenancy information.  This includes current tenants who have not already received this type of tenancy information.  Landlords must also provide tenants with a notice of variation when any changes are made to their tenancies and must provide receipts to tenants for any cash payments relating to their tenancy.

  Tenants can no longer be asked to pay a tenancy deposit of more than one month’s rent and the time a landlord has to protect a tenancy deposit and provide the required information to a tenant has increased. Offences relating to protecting tenancy deposits have been made continuing offences so even if a tenant only realises at the end of the tenancy that their tenancy deposit should have been protected but wasn’t, the landlord can still face a penalty. Further Information can be found on the following leaflets. 
  
  DfC Private Tenancy Act Booklet (pdf)

  Dfc Private Tenancy Act Leaflet (pdf)

• NI Houses in Multiple Occupation

  From Monday 1 April 2019, the Houses in Multiple Occupation Act (Northern Ireland) 2016 came in to operation and local councils across NI took over responsibility for regulating houses in multiple occupation (HMOs) from the NI Housing Executive.
  
  The administration and implementation of the Act is managed regionally by the NI HMO Unit, who are based Belfast City Council.
  For more information E. nihmo@belfastcity.gov.uk; T. 028 9027 0428 or visit www.belfastcity.gov.uk/nihmo
  
  All HMOs must be licensed by their local council and all HMO owners must comply with the Houses in Multiple Occupation Act (Northern Ireland) 2016.
  
  You can apply online or in person at your local council office. You must provide all the relevant documentation and the appropriate fee.
   
  Applications will only be accepted from 1 April onwards.

• Certificate of Fitness

  If the dwelling was built before 1945, a tenant moved in after 1 April 2007, it does not have a Regulated Rent Certificate issued within the past 10 years or did not have a renovation grant paid by the Housing Executive within the past 10 years or did not have a HMO grant paid within the past 10 years you are required by law to have an inspection carried out on the property to determine its fitness for human habitation, the cost of which is £50. Failure to do so is an offence and can result in a fine.
  
  The inspection is carried out by Environmental Health Officers and a certificate of fitness will be issued if the dwelling meets the fitness standard for human habitation. To pass inspection the 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 toilet for the exclusive use of the occupants

  • Have a suitably located fixed bath or shower and wash-hand basin 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

  If one or more of these standards are not met, the dwelling will be deemed to be unfit and a notice of refusal will be issued, meaning that the rent for the property will be controlled by the Rent Officer for Northern Ireland until the works required to bring the property up to the fitness standard are carried out.
  
  Application to Conduct an Inspection for Fitness - Landlords (36Kb)
  Application to Conduct an Inspection for Fitness - Tenants (54Kb)

• Landlord Registration Scheme

  Under the Landlord Registration Scheme Regulations (Northern Ireland) 2014 all private landlords must provide accurate and up to date information about themselves and their properties to the Registrar.

  Since 25 February 2015 all private landlords must be registered with the Department for Communities (DfC) Landlord Registration Scheme.

  Registration lasts for a 3 year period after which there is a requirement to re-register. The cost of the registration process is and £70. Register or renew your landlord registration. 

  A landlord found guilty of failing to register or provide false information for registration can be issued with a fixed penalty of up to £500 or if taken to court can be fined up to £2,500.

   

• Tenancy Deposit Scheme NI

  A tenancy deposit scheme for Northern Ireland became law on 1 April 2013 under the Tenancy Deposit Scheme Regulations (NI) 2012.

  For any deposit paid between 1 April 2013 and 31st March 2023:

  • It must be protected in an approved scheme within 14 days of it being paid.

  • The prescribed information about the scheme must be given to the tenant, within 28 days of the landlord receiving the deposit.
     

  For any deposit paid after 1 April 2023:

  • It must be protected in an approved scheme within 28 days of it being paid.

  • The prescribed information about the scheme must be given to the tenant, within 35 days of the landlord receiving the deposit.

  
  There are two types of deposit scheme available for landlords and tenants;

  1. Custodial Scheme: This is where the landlord protects the entire tenant’s deposit in the scheme until it becomes due at the end of the tenancy.

  2. Insurance Scheme: This is where the landlord can hold the deposit, on the condition they pay a fee and/or an insurance premium to the scheme to protect the deposit, until it becomes due at the end of the tenancy.

  The two appointed scheme administrators in Northern Ireland are My Deposits NI and Tenancy Deposit Scheme NI. For more information on these schemes please visit NI Direct.  

  Additionally, any tenancy deposit paid after 1st April 2023, cannot be in excess of 1 Month’s rent. 

  You can report a landlord or agent for not complying by T. 02890340160 or E. EnvHealth@antrimandnewtownabbey.gov.uk

• Enforcement

  The Environmental Health Section at Antrim and Newtownabbey Borough Council will enforce the 2 offences of the Tenancy Deposit Scheme for all private rentals in the Antrim and Newtownabbey Borough Council area and may issue fines in accordance with the above offences. Please contact 028 9446 3113 for further information.

• Rent Books

  Landlords must provide a rent book to their tenants. The information contained in the book depends upon when the tenancy started.
  
  Follow the links below for further information.

  • For tenancies that started before April 2007: Particulars to be included in a rent book

  • For tenancies that started after April 2007 Particulars to be included in a rent book

• Tenancy Information Notice

  For any tenancy beginning on or after 1 April 2023, a landlord must provide a Tenancy Information Notice to the tenant within 28 days of granting the tenancy and it must be free of charge. The format of the tenancy information notice is set in law and a template notice is available here: 

  DfC PTA Tenancy Info Notice

  DFC PTA Tenancy Info Notice Notes

  Landlords must provide the same notice to tenants whose tenancies were granted between 30 June 2011 and 30 March 2023, unless they have already been provided with the same information.

  If a tenancy term is varied (regardless of start date of tenancy) the landlord must within 28 days of date of tenancy being varied, give to the tenant a notice containing information relating to variation. It must be free and the format of the notice is set in law also.

   

• Illegal Eviction

  Illegal Eviction

  This occurs when a landlord, or any person acting for them, forces or attempts to force a tenant from their home without following the proper legal procedures. 

  Examples include:

  • changing the locks to a property when a tenant is not at home

  • physically throwing a tenant out

  • stopping a tenant from getting into part or all of their home.

   

  If a landlord wants a tenant to leave,

  If a landlord wants a tenant to leave, they must provide a 'notice to quit', even if there is no tenancy agreement. The following time scales for notices to quit apply regardless of what the tenancy agreement states:

  1. Tenancy not been in existence for more than 12 months’
     Notice to quit: No less than 4 weeks' written notice
      
  2. Tenancy has been in existence for more than 12 months but not more than 10 years 
     Notice to quit: No less than 8 weeks' written notice
      
  3. Tenancy has been in existence for more than 10 years
     Notice to quit: No less than 12 weeks' written notice
      

  Should a tenant need to end the tenancy

  Should a tenant need to end the tenancy, depending on the length of the tenancy they must give their landlord a minimum notice to quit period.  These notice periods are:

  1. Tenancy not been in existence for more than 10 years
     Notice to quit: No less than 4 weeks' written notice
      
  2. Tenancy has been in existence for more than 10 years
     Notice to quit: No less than 12 weeks' written notice

  
  The notice to quit should be in writing and both the landlord and tenant should keep a copy. If the tenant does not leave after the notice has run out, the landlord can apply for a court order from a magistrates' court. However, it is an offence to evict a tenant without getting a court order, even if the notice to quit has expired.

  Landlords do not need a court order to evict licensees, who share part or all of a property (usually with the landlord). Licensees are only entitled to 'reasonable' notice before they must leave the property.

• Dampness and Condensation

  Dampness is caused by a structural defect to the property that allows water to pass from the exterior of the dwelling to the interior. Condensation is caused by living conditions within the dwelling by the occupant(s), for example drying clothes over radiators or not heating the dwelling adequately.  
  
  Under the Clean Neighbourhoods and Environment Act (NI) 2011, rented dwellings should be free from dampness prejudicial to the Health of the tenant(s). If an assessment by an Environmental Health Officer finds that dampness prejudicial to the health of the tenant(s) is present, a Statutory Notice can be served on the landlord, which in turn allows them to apply to the Northern Ireland Housing Executive for grant assistance.
  
  Condensation Guideance 

• Carbon Monoxide

  Carbon monoxide (CO) is a colourless, odourless, tasteless, poisonous gas produced by incomplete burning of carbon-based fuels, including gas, oil, wood and coal. Carbon-based fuels are safe to use. It is only when the fuel does not burn properly that excess CO is produced, which is poisonous. This can happen when appliances such as room and water heaters, fires and cookers have been wrongly installed or poorly maintained, or when a chimney, flue or air vent into a room, such as an air brick has been fully or partially blocked. Poor ventilation adds to the problem by allowing CO concentrations to build up. Anyone in a room with a faulty appliance may potentially be affected.
  
  Carbon monoxide leaflet - Are you at risk?

• Safety Alerts

  April 2015 - Beko Gas Cooker and GDHA Gas Cooker
  Beko Gas Cooker - further details (HSENI website)
  GDHA Gas Cooker - further details (HSENI website)

• Disrepair and Unfitness

  In certain circumstances, action can be taken against landlords were a tenanted privately rented dwelling is in serious disrepair or unfit.  
  
  For further information on any of the above contact the Environmental Health Department at Antrim and Newtownabbey Borough Council.

• New Requirement for Smoke, Heat and Carbon Monoxide Alarms

  Landlords are now required to install and maintain in proper working order, sufficient alarms for detecting smoke, heat and carbon monoxide within any property that they rent out to tenants.

  The Regulations come into operation on 1 September 2024, for all new private tenancies granted on or after this date.  Existing tenancies granted before 1 September 2024, must comply by 1 December 2024.This means all privately rented properties must comply and install the required smoke, heat and carbon monoxide alarms by the compliance dates.  

  Any alarm units that are installed must be marked/referenced as being British Standard compliant. If any alarms are to be hardwired into the main electrical installation, that work will need to be undertaken by a qualified electrician.

  Landlords should keep a formal record of when alarms are installed or replaced.  A copy should also be placed within any information pack located in the property for the tenant's information. 

  Tenants should regularly test the alarms according to the manufacturer's instructions and must report any faults to the landlord.

  Failure to comply with the duty to keep in repair and proper working order sufficient appliances for detecting smoke, heat, and carbon monoxide in a private tenancy, will be an offence under the Private Tenancies (NI) Order 2006 and will result in a Fixed Penalty Notice of £500 being issued for each offence upon the landlord with the possibility of further legal action should non-compliance continue.  

  Visit the Department for Communities website to view The Smoke, Heat and Carbon Monoxide Alarms for Private Tenancies Regulations (Northern Ireland) 2024 guidance notes.