Housing

Gas Safety

Landlords have an obligation to ensure any gas services and equipment in any property they rent is safe. For that purpose they are required to have the gas system and appliances inspected and passed as safe by a Gas Safe Registered Engineer

Housing problems such as dampness or disrepair

Rented properties must meet basic fitness standards in that they should be free from anything that may be harmful to your health such as rising or penetrating dampness. If the Council is satisfied that any dwelling is in such a state as to be prejudicial to your health then we may serve a Statutory Abatement Notice on the landlord of the property requiring him to carry out any required works.

Landlords who receive an Abatement Notice from Council may be eligible for a monetary grant. This is administered through Northern Ireland Housing Executive. For more information on these grants please visit www.nihe.gov.uk

In relation to damp and condensation there is useful information at the National Energy Action website.

The 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

DfC Private Tenancy Act Leaflet

The Private Tenancies Order (Northern Ireland) 2006

Any rented properties built before 1945 and where a tenancy first began after 2007 are subject to the above legislation. An important aspect of this Order requires relevant properties to be inspected by Officers from this Department who will determine if the property meets basic fitness standards for habitation. Landlords have an obligation to ensure any relevant properties have a Fitness Certificate issued by Council. It is an offence to rent such properties without the relevant Fitness Certificate. 

Visit Landlord Advice

Landlord Registration Scheme

All landlords are required to register with the Landlords Registration Scheme at NI Direct or alternatively download application form and post to:

A centrally held register of private landlords:

• allows tenants, neighbours and local councils to identify if landlords are registered
• provides information on the number of landlords in Northern Ireland and allows landlords to receive regular updates on the duties and responsibilities of landlords and tenants
• provides education and support to landlords

It improves tenants’ confidence in their landlords and increase landlords’ accountability by:

• promoting good practice
• ensuring the right advice and help is available

Tenancy Deposit Scheme

In order to provide safeguards for landlords and tenants it is now the law that any deposit provided by a tenant is placed by the landlord in a third party organisation who will hold onto the deposit until the end of the tenancy. They will also act as mediators in any disputes over deposits between tenants and landlords.

For further information please click onlink Tenancy Deposit Information

Rent Books and Tenancy Agreements

Landlords should provide tenants with a Rent Book showing a written record of agreed payments and dates. Landlords should also provide tenants with a copy of the Tenancy Agreement which should clearly outline both parties’ responsibilities in relation to the dwelling

Harassment and illegal eviction

All tenants are protected by law whereby it is an offence for a landlord to cause them harassment. It is also an offence for a landlord to illegally evict a tenant

Harassment may involve some or all of the following

• Stopping gas, water or electrical supplies
• Making threats
• Entering the dwelling without the consent of the tenant
• Not carrying out reasonable essential repairs
• Making frequent unannounced visits especially at night

Illegal eviction – landlords must provide tenants with at least 4 weeks written notice of his intent for a tenant to vacate a property. It is illegal to evict any tenant without giving this period of Notice. If the tenant still remains in the property after this notification the landlord must still not evict the tenant and must obtain an Order from Court.

If you feel that your landlord is harassing you or you have been illegally evicted from your home please contact us.

Solving Disputes in Private Rented Housing

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 Public Health and HousingTeam can offer advice to tenants, landlords and letting agents on what their legal rights and responsibilities are.

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

Nuisance from neighbouring property

Council may be of assistance in cases where the state and condition of one property is causing a problem at another property. Common enquiries to Council involve accumulations of rubbish and malodour. If Council is satisfied that the state and condition of one property is a nuisance to another we will serve a legal notice on the person responsible requiring them to do what is necessary to remove the nuisance

For further assistance or advice on any of the above housing matters please contact us: