Privately Rented Housing

The Council tackles problems in relation to privately rented housing by requiring landlords to carry out necessary repair or improvement work.  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. Information is available via this link:

Additionally, 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. Please find out more by following the link below:

https://www.housingadviceni.org/housing-mediation-northern-ireland

• Housing Mediation Service

  Housing Rights are piloting a new FREE Housing Mediation Service to help those in the private rented sector resolve disputes to avoid going to court. Click here for more information. 

• NI Houses in Multiple Occupation

  From Monday 1 April 2019, licensing laws for shared flats and houses will change.
   
  On this date the Houses in Multiple Occupation Act (Northern Ireland) 2016 will come in to operation and local councils across NI will take 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
  
  Moving forward, 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.

  • From 25th February 2015 all private landlords must be registered on the Landlord Registration Scheme.

  • Registration lasts for a 3 year period after which there is a requirement to re-register.

  • 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.

  How To Register:

  • Online @ www.nidirect.gov.uk/landlord

  • Calling the advice line on 0300 200 7821.

  • Downloading a registration form at www.nidirect.gov.uk/landlord

  • Calling into your local Council or rates office for an application form.

  Registration costs £70 for online registration and £80 for paper registration. Paper Registration Forms can be downloaded from the following website https://www.communities-ni.gov.uk/publications/landlord-registration-scheme

• 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. This means that from 1 April 2013, any deposit for a private tenancy taken by a landlord or agent must be protected in an approved tenancy deposit scheme. The deposit must be secured in an approved scheme within 14 days and a tenant must be informed that their deposit has been secured within 28 days.
  
  There are 2 offences to be aware of:

  1. If the landlord does not protect the deposit, or comply with the requirements of the deposit scheme, they could face a fine (up to three times the value of the deposit) or be prosecuted in court, where they could be fined up to £2,000.

  2. The scheme also makes it illegal for a landlord or agent to take a deposit in any other form than money – all deposits must be monetary. In the Antrim and Newtownabbey Borough Council area, the fixed penalty fine for taking a deposit in any other form is £500.

• 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.

• Types of Schemes

  There are two types of deposit scheme – custodial and insurance.
  
  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.
  
  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.
  
  Who runs the scheme? The Department for Communities (DfC) has appointed three scheme administrators to operate the schemes; each of these organisations provide both custodial and insurance schemes except for LPSNI who offer a custodial scheme only.

  1. My Deposits www.mydepositsni.co.uk

  2. The Dispute Service NI (TDSNI) www.tdsnorthernireland.com

  3. Letting Protection Service NI (LPSNI) www.lettingprotectionni.com

  Further information can be found at: https://www.communities-ni.gov.uk/topics/housing/private-rented-sector

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

• Tenancy Statements

  Landlords must also provide a tenancy statement for all tenancies that started after April 2007. The tenancy statement must be provided within 28 days of a tenancy starting otherwise a six month tenancy will apply along with default repairing obligations for the landlord and tenant.
  
  Particulars to be included in a tenancy statement (Required for all tenancies that started after April 2007)

• Freedom from Harassment & Illegal Eviction

  COVID-19 (coronavirus) update

  The Department for Communities has produced guidance to assist landlords and tenants in the private rented sector to deal with issues and challenges which may arise during the COVID-19 (coronavirus) outbreak, including extended timescales for issuing tenants notice to quit. Read the guidance.

  The Private Tenancies (Coronavirus Modifications) Act (NI) 2020 has been given Royal Assent and is now law. The Act applies from 5 May 2020 and requires private landlords to give 12 weeks notice to quit to tenants during the emergency period. This 12 week notice to quit is applicable to 4 May 2022.

  Usually, a private tenant can only be forced to leave their home if a court of law has issued a court order. 

  Our public health and housing team can:

  • provide advice to landlords and tenants
  • investigate complaints of harassment and unlawful eviction
  • prosecute landlords who have harassed or illegally evicted their tenants.

  •  

  Harassment

  Harassment is any action taken by a landlord, or someone acting on their behalf, to make a tenant leave their home. 

  Examples include: 

  • interfering with gas, water and electricity supplies
  • making threats and instructing a tenant to leave
  • entering the property without consent
  • refusing to carry out repairs
  • making frequent unannounced visits, especially late at night

  Tenants should record the details of any harassment including the date, time and a short description of the incident. Tenants and registered private landlords can contact Housing Rights Mediation Service  to help resolve disputes.

   

  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, 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:

  • If the tenancy lasted for less than five years you must receive four weeks' notice to leave.
  • If the tenancy lasted for more than five years but less than 10 years you must receive eight weeks' notice to leave.
  • If the tenancy lasted for more than 10 years you must receive 12 weeks' notice to leave.

  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.

  To find out the difference between a tenant and a licensee visit Housing AdviceNI 

• 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.

For more information and advice please visit the Department for Communities website