- Statutory Instrument 2003 No. 412 (N.I. 2)
The Housing (Northern Ireland) Order 2003
© Crown Copyright 2003
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| Made | 27th February 2003 | ||
| Coming into operation in accordance with Article 1(2) and (3) |
| 1. | Title and commencement |
| 2. | General interpretation |
| 3. | Members of a person's family |
| 4. | Interpretation of Part II |
| 5. | Meaning of "dwelling-house" |
| 6. | Introductory tenancies |
| 7. | Duration of introductory tenancy |
| 8. | Licences |
| 9. | Proceedings for possession |
| 10. | Notice of proceedings for possession |
| 11. | Review of decision to seek possession |
| 12. | Effect of beginning proceedings for possession |
| 13. | Persons qualified to succeed tenant |
| 14. | Cases where the tenant is a successor |
| 15. | Succession to introductory tenancy |
| 16. | Assignment in general prohibited |
| 17. | Right of introductory tenants of the Executive to have repairs carried out |
| 18. | Provision of information about tenancies |
| 19. | Consultation on matters of housing management |
| 20. | Jurisdiction of county court |
| 21. | Power to make further provision |
| 22. | Extension of ground of nuisance or annoyance to neighbours, &c. |
| 23. | New ground of domestic violence |
| 24. | Extension of ground that grant of tenancy induced by false statement |
| 25. | Proceedings for possession or termination |
| 26. | Power to grant injunctions against anti-social behaviour |
| 27. | Meaning of "harm" |
| 28. | Interpretation of Part III |
| 29. | Meaning of "reasonable repair" |
| 30. | Fitness for human habitation |
| 31. | Meaning of "connected persons" |
| 32. | Meaning of "owner" of dwelling |
| 33. | Disabled persons |
| 34. | Interpretation of Chapter II |
| 35. | Grants for improvements and repairs, &c. |
| 36. | Applications for grants |
| 37. | Ineligible applicants |
| 38. | The age of the property |
| 39. | Excluded descriptions of works |
| 40. | Renovation grants: owner's applications and tenant's applications |
| 41. | Renovation grants: certificates required in case of owner's application |
| 42. | Renovation grants: certificates required in case of tenant's application |
| 43. | Renovation grants: purposes for which grant may be given |
| 44. | Renovation grants: approval of application |
| 45. | Common parts grants: occupation of flats by occupying tenants |
| 46. | Common parts grants: landlord's and tenants' applications |
| 47. | Common parts grants: certificates required to accompany application |
| 48. | Common parts grants: purposes for which grant may be given |
| 49. | Common parts grants: approval of application |
| 50. | Disabled facilities grants: owner's and tenant's applications |
| 51. | Disabled facilities grants: the disabled occupant |
| 52. | Disabled facilities grants: certificate required in case of owner's application |
| 53. | Disabled facilities grants: certificates required in case of tenant's application |
| 54. | Disabled facilities grants: purposes for which grant must or may be given |
| 55. | Disabled facilities grants: approval of application |
| 56. | HMO grants: the interest of the applicant in the property |
| 57. | HMO grants: certificate required to accompany application |
| 58. | HMO grants: purposes for which grant may be given |
| 59. | HMO grants: approval of application |
| 60. | Restriction on grants for works already begun |
| 61. | Means testing in case of application by owner-occupier or tenant |
| 62. | Determination of amount of grant in case of landlord's application |
| 63. | Apportionment in case of tenants' application for common parts grant |
| 64. | Power to specify maximum amount of grant |
| 65. | Decision and notification |
| 66. | Payment of grants: general |
| 67. | Delayed payment of mandatory grant |
| 68. | Payment of grants: conditions as to carrying out of the works |
| 69. | Payment of grants: conditions as to contractors employed |
| 70. | Payment of grant to contractor |
| 71. | Applicant ceasing to be entitled before payment of grant |
| 72. | Change of circumstances affecting disabled occupant |
| 73. | Cases in which grants may be recalculated, withheld or repaid |
| 74. | Repayment where applicant not entitled to grant |
| 75. | Grant conditions: introductory |
| 76. | Condition for repayment on disposal: renovation grants |
| 77. | Condition for repayment on disposal: common parts grants |
| 78. | Condition as to repayment on disposal: HMO grants |
| 79. | Condition as to owner-occupation: renovation grants |
| 80. | Condition as to availability for letting: renovation grants |
| 81. | Conditions as to occupation: HMO grants |
| 82. | Conditions as to repayment in case of other compensation, &c. |
| 83. | Power to impose other conditions |
| 84. | Meaning of relevant disposal |
| 85. | Meaning of exempt disposal |
| 85. | Cessation of conditions on repayment of grant, &c. |
| 87. | Provisions relating to death of applicant |
| 88. | Power of Executive to carry out works which would attract grant |
| 89. | Interpretation of Chapter III |
| 90. | Group repair schemes |
| 91. | Qualifying buildings |
| 92. | Scheme works |
| 93. | Approval of scheme by the Department |
| 94. | Persons eligible to participate in group repair scheme |
| 95. | Scheme consent and restriction on works |
| 96. | Certificate of completion date |
| 97. | Contributions by participants |
| 98. | Variation of group repair scheme |
| 99. | Conditions of participation: general |
| 100. | Condition as to payment of balance of cost on disposal |
| 101. | Conditions as to occupation |
| 102. | Meaning of "relevant disposal" and "exempt disposal" |
| 103. | Payment of balance of cost, &c: cessation of conditions |
| 104. | Power of Department to modify operation of Chapter |
| 105. | Interpretation of Chapter IV |
| 106. | Home repair assistance |
| 107. | Entitlement to home repair assistance |
| 108. | Assistance in respect of mobile homes |
| 109. | Power to make further provision by regulations |
| 110. | Interpretation of Chapter V |
| 111. | Deferred action notices |
| 112. | Service of deferred action notices |
| 113. | Appeals against deferred action notices |
| 114. | Review of deferred action notices |
| 115. | Guidance by the Department |
| 116. | Unfitness for human habitation, &c.: power to charge for enforcement action |
| 117. | Recovery of charge for enforcement action |
| 118. | Power to prescribe forms |
| 119. | Religious denominations, charities, &c. |
| 120. | Transitional provisions and savings |
| 121. | Transfer of duty to keep register of rents |
| 122. | Institution of proceedings for offences with respect to rent books |
| 123. | Interpretation of Order of 1981 |
| 124. | Allocation of housing accommodation |
| 125. | Caravan sites for members of the Irish Traveller community |
| 126. | Acquisition of land by the Executive for amenity purposes |
| 127. | Termination of home insulation schemes |
| 128. | Disposal of houses let by the Executive to secure tenants |
| 129. | Increase of penalty for obstruction of an authorised officer |
| 130. | Membership of the Executive |
| 131. | House sales by registered housing associations |
| 132. | Tenant's improvements |
| 133. | Right of secure tenants of the Executive to have repairs carried out |
| 134. | Tenancies which are not secure tenancies |
| 135. | Definition of "homelessness" |
| 136. | Becoming homeless intentionally |
| 137. | Eligibility for housing assistance |
| 138. | Emergency grants |
| 139. | Realisation of value of Department's loans portfolio |
| 140. | Rent for housing accommodation provided by registered housing associations |
| 141. | Disposal of land by registered housing associations |
| 142. | Repairs grants |
| 143. | Amendment of definition of "multiple occupation" |
| 144. | Registration scheme for houses in multiple occupation |
| 145. | Service of certain documents |
| 146. | Complaints against registered housing associations |
| 147. | Minor and consequential amendments |
| 148. | Orders and regulations |
| 149. | Repeals |
| Schedule 1 | Amendments relating to transfer of duty to keep register of rents |
| Schedule 2 | Transfer to the Executive of travellers' caravan sites |
| Schedule 3 | Registration scheme for houses in multiple occupation |
| Schedule 4 | Minor and consequential amendments |
| Schedule 5 | Repeals |
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-
Title and commencement
1. - (1) This Order may be cited as the Housing (Northern Ireland) Order 2003.
(2) This Article and Article 2 shall come into operation on the expiration of 7 days from the day on which this Order is made.
(3) The other provisions of this Order shall come into operation on such day or days as the Department may by order appoint.
(4) The Department may by order under paragraph (3) make such transitional provision and savings as appear to it to be appropriate in connection with the coming into operation of any provision of this Order.
(5) The following Orders -
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(a) the Housing (Northern Ireland) Order 1981 (NI 3);
(b) the Housing (Northern Ireland) Order 1983 (NI 15);
(c) the Housing (Northern Ireland) Order 1986 (NI 13);
(d) the Housing (Northern Ireland) Order 1988 (NI 23);
(e) the Housing (Northern Ireland) Order 1992 (NI 15); and
(f) this Order,
may be cited together as the Housing (Northern Ireland) Orders 1981 to 2003.
General interpretation
2.
- (1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.
(2) In this Order -
-
"the Department" means the Department for Social Development;
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"the Executive" means the Northern Ireland Housing Executive;
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"the Order of 1981" means the Housing (Northern Ireland) Order 1981 (NI 3);
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"the Order of 1983" means the Housing (Northern Ireland) Order 1983 (NI 15);
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"the Order of 1986" means the Housing (Northern Ireland) Order 1986 (NI 13);
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"the Order of 1988" means the Housing (Northern Ireland) Order 1988 (NI 23);
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"the Order of 1992" means the Housing (Northern Ireland) Order 1992 (NI 15);
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"prescribed" means prescribed by regulations made by the Department;
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"protected tenancy" has the meaning given in Article 3(1) of the Rent (Northern Ireland) Order 1978 (NI 20);
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"registered housing association" means a housing association which is registered under Part II of the Order of 1992;
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"secure tenancy" has the meaning given in Article 25 of the Order of 1983;
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"secure tenant" has the meaning given in Article 24 of the Order of 1983;
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"statutory provision" has the same meaning as in section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33);
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"statutory tenancy" has the meaning given in Article 4(5) of the Rent (Northern Ireland) Order 1978.
Members of a person's family
3.
- (1) For the purposes of this Order a person is a member of another's family if -
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(a) he is the spouse of that person, or he and that person live together as husband and wife, or
(b) he is that person's parent, grandparent, child, grandchild, brother or sister.
(2) For the purpose of paragraph (1)(b) -
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(a) a relationship by marriage shall be treated as a relationship by blood,
(b) a relationship of the half-blood shall be treated as a relationship of the whole blood, and
(c) the stepchild of a person shall be treated as his child.
Interpretation of Part II
4. In this Part -
-
"adopt" (in relation to a periodic tenancy) shall be construed in accordance with Article 6(4);
-
"introductory tenancy" shall be construed in accordance with Article 6; and
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"qualifying shorthold tenancy" has the meaning given in paragraph 10 of Schedule 2 to the Order of 1983 (see Article 134(4)).
Meaning of "dwelling-house"
5.
- (1) For the purposes of this Part a dwelling-house may be a house or a part of a house.
(2) Land let together with a dwelling-house shall be treated for the purposes of this Part as part of the dwelling-house unless the land is agricultural land which would not be treated as part of the dwelling-house for the purposes of Part II of the Order of 1983 (see Article 24(2) of that Order).
Introductory tenancies
6. - (1) The Executive or a registered housing association may elect to operate an introductory tenancy regime.
(2) When such an election is in operation, every periodic tenancy of a dwelling-house entered into or adopted by the Executive or the association shall, if it would otherwise be a secure tenancy, be an introductory tenancy, unless immediately before the tenancy was entered into or adopted the tenant or, in the case of joint tenants, one or more of them was a secure tenant of the same or another dwelling-house.
(3) Paragraph (2) does not apply to a tenancy entered into or adopted in pursuance of a contract made before the election was made.
(4) For the purposes of this Chapter a periodic tenancy is adopted by a person if that person becomes the landlord under the tenancy, whether on a disposal or surrender of the interest of the former landlord.
(5) An election under this Article may be revoked at any time, without prejudice to the making of a further election.
Duration of introductory tenancy
7. - (1) A tenancy remains an introductory tenancy until the end of the trial period, unless one of the events mentioned in paragraph (5) occurs before the end of that period.
(2) The "trial period" is the period of one year beginning with -
-
(a) in the case of a tenancy which was entered into by the Executive or a registered housing association -
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(i) the date on which the tenancy was entered into, or
(ii) if later, the date on which a tenant was first entitled to possession under the tenancy; or
(b) in the case of a tenancy which was adopted by the Executive or a registered housing association, the date of adoption;
subject as follows.
(3) Where the tenant under an introductory tenancy was formerly a tenant under another introductory tenancy, or held a qualifying shorthold tenancy from a registered housing association, any period or periods during which he was such a tenant shall count towards the trial period, provided -
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(a) if there was one such period, it ended immediately before the date specified in paragraph (2), and
(b) if there was more than one such period, the most recent period ended immediately before that date and each period succeeded the other without interruption.
(4) Where there are joint tenants under an introductory tenancy, the reference in paragraph (3) to the tenant shall be construed as referring to the joint tenant in whose case the application of that paragraph produces the earliest starting date for the trial period.
(5) A tenancy ceases to be an introductory tenancy if, before the end of the trial period -
-
(a) the circumstances are such that the tenancy would not otherwise be a secure tenancy,
(b) a person or body other than the Executive or a registered housing association becomes the landlord under the tenancy,
(c) the election in force when the tenancy was entered into or adopted is revoked, or
(d) the tenancy ceases to be an introductory tenancy by virtue of Article 15(3) (succession).
(6) A tenancy does not come to an end merely because it ceases to be an introductory tenancy, but a tenancy which has once ceased to be an introductory tenancy cannot subsequently become an introductory tenancy.
(7) This Article has effect subject to Article 12 (effect of beginning proceedings for possession).
Licences
8.
- (1) The provisions of this Chapter apply in relation to a licence to occupy a dwelling-house (whether or not granted for a consideration) as they apply in relation to a tenancy.
(2) Paragraph (1) does not apply to a licence granted as a temporary expedient to a person who entered the dwelling-house or any other land as a trespasser (whether or not, before the grant of that licence, another licence to occupy that or another dwelling-house had been granted to him).
Proceedings for possession
9. - (1) The landlord may only bring an introductory tenancy to an end by obtaining an order of the court for the possession of the dwelling-house.
(2) The court shall make such an order unless the provisions of Article 10 apply.
(3) Where the court makes such an order, the tenancy comes to an end on the date on which the tenant is to give up possession in pursuance of the order.
Notice of proceedings for possession
10. - (1) The court shall not entertain proceedings for the possession of a dwelling-house let under an introductory tenancy unless the landlord has served on the tenant a notice of proceedings complying with this Article.
(2) The notice shall state that the court will be asked to make an order for the possession of the dwelling-house.
(3) The notice shall set out the reasons for the landlord's decision to apply for such an order.
(4) The notice shall specify a date after which proceedings for the possession of the dwelling-house may be begun.
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The date so specified must not be earlier than the date on which the tenancy could, apart from this Chapter, be brought to an end by notice to quit given by the landlord on the same date as the notice of proceedings.
(5) The court shall not entertain any proceedings for possession of the dwelling-house unless they are begun after the date specified in the notice of proceedings.
(6) The notice shall inform the tenant of his right to request a review of the landlord's decision to seek an order for possession and of the time within which such a request must be made.
(7) The notice shall also inform the tenant where he should take the notice, if he needs help or advice about it.
Review of decision to seek possession
11.
- (1) A request for review of the landlord's decision to seek an order for possession of a dwelling-house let under an introductory tenancy must be made before the end of the period of 14 days beginning with the day on which the notice of proceedings is served.
(2) On a request being duly made to it, the landlord shall review its decision.
(3) The Department may make provision by regulations as to the procedure to be followed in connection with a review under this Article.
-
Nothing in the following provisions affects the generality of this power.
(4) Provision may be made by regulations -
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(a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and
(b) as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom he may be represented at such a hearing.
(5) The landlord shall notify the person concerned of the decision on the review.
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If the decision is to confirm the original decision, the landlord shall also notify him of the reasons for the decision.
(6) The review shall be carried out and the tenant notified before the date specified in the notice of proceedings as the date after which proceedings for the possession of the dwelling-house may be begun.
Effect of beginning proceedings for possession
12.
- (1) This Article applies where the landlord has begun proceedings for the possession of a dwelling-house let under an introductory tenancy and -
-
(a) the trial period ends, or
(b) any of the events specified in Article 7(5) occurs (events on which a tenancy ceases to be an introductory tenancy).
(2) Subject to the following provisions, the tenancy remains an introductory tenancy until -
-
(a) the tenancy comes to an end in pursuance of Article 9(3) (that is, on the date on which the tenant is to give up possession in pursuance of an order of the court), or
(b) the proceedings are otherwise finally determined.
(3) If any of the events specified in Article 7(5)(b) to (d) occurs, the tenancy shall thereupon cease to be an introductory tenancy but -
-
(a) the landlord (or, as the case may be, the new landlord) may continue the proceedings, and
(b) if it (or he) does so, Article 9(2) and (3) (termination by the landlord) apply as if the tenancy had remained an introductory tenancy.
(4) Where in accordance with paragraph (3) a tenancy ceases to be an introductory tenancy and becomes a secure tenancy, the tenant is not entitled to purchase the dwelling-house under a house sales scheme unless and until the proceedings are finally determined on terms such that he is not required to give up possession of the dwelling-house.
-
In this paragraph "a house sales scheme" means any scheme for the time being approved by the Department under Article 3 or 3A of the Order of 1983 (see Article 131).
(5) For the purposes of this Article proceedings shall be treated as finally determined if they are withdrawn or any appeal is abandoned or the time for appealing expires without an appeal being brought.
Persons qualified to succeed tenant
13. A person is qualified to succeed the tenant under an introductory tenancy if he occupies the dwelling-house as his only or principal home at the time of the tenant's death and either -
-
(a) he is the tenant's spouse, or
(b) he is another member of the tenant's family and has resided with the tenant throughout the period of 12 months ending with the tenant's death;
unless, in either case, the tenant was himself a successor, as defined in Article 14.
Cases where the tenant is a successor
14.
- (1) The tenant is himself a successor if -
-
(a) the tenancy vested in him by virtue of Article 15 (succession to introductory tenancy),
(b) he was a joint tenant and has become the sole tenant,
(c) he became the tenant on the tenancy being assigned to him (but subject to paragraphs (2) and (3)), or
(d) he became the tenant on the tenancy being vested in him on the death of the previous tenant.
(2) A tenant to whom the tenancy was assigned in pursuance of an order under -
-
(a) Article 26 of the Matrimonial Causes (Northern Ireland) Order 1978 (NI 15) (property adjustment orders in connection with matrimonial proceedings),
(b) Article 21 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4) (property adjustment orders after overseas divorce, &c.), or
(c) Part II of Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (NI 6) (orders transferring certain tenancies on divorce, etc. or on separation of cohabitees),
is a successor only if the other party to the marriage was a successor.
(3) Where within 6 months of the coming to an end of an introductory tenancy ("the former tenancy") the tenant becomes a tenant under another introductory tenancy, and -
-
(a) the tenant was a successor in relation to the former tenancy, and
(b) under the other tenancy either the dwelling-house or the landlord, or both, are the same as under the former tenancy,
the tenant is also a successor in relation to the other tenancy unless the agreement creating that tenancy otherwise provides.
Succession to introductory tenancy
15.
- (1) This Article applies where a tenant under an introductory tenancy dies.
(2) Where there is a person qualified to succeed the tenant, the tenancy vests by virtue of this Article in that person, or if there is more than one such person in the one to be preferred in accordance with the following rules -
-
(a) the tenant's spouse is to be preferred to another member of the tenant's family;
(b) of 2 or more other members of the tenant's family such of them is to be preferred as may be agreed between them or as may, where there is no such agreement, be selected by the landlord.
(3) Where there is no person qualified to succeed the tenant, the tenancy ceases to be an introductory tenancy -
-
(a) when it is vested or otherwise disposed of in the course of the administration of the tenant's estate, unless the vesting or other disposal is in pursuance of an order made under -
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(i) Article 26 of the Matrimonial Causes (Northern Ireland) Order 1978 (NI 15) (property adjustment orders in connection with matrimonial proceedings),
(ii) Article 21 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4) (property adjustment orders after overseas divorce, &c.),
(iii) paragraph 2 of Schedule 1 to the Children (Northern Ireland) Order 1995 (NI 2) (orders for financial relief against parents); or
(iv) Part II of Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (NI 6) (orders transferring certain tenancies on divorce, etc., and on separation of cohabitees),
(b) when it is known that when the tenancy is so vested or disposed of it will not be in pursuance of such an order.
Assignment in general prohibited
16.
- (1) An introductory tenancy is not capable of being assigned except in the cases mentioned in paragraph (2).
(2) The exceptions are -
-
(a) an assignment in pursuance of an order made under -
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(i) Article 26 of the Matrimonial Causes (Northern Ireland) Order 1978 (NI 15) (property adjustment orders in connection with matrimonial proceedings),
(ii) Article 21 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4) (property adjustment orders after overseas divorce, &c.),
(iii) paragraph 2 of Schedule 1 to the Children (Northern Ireland) Order 1995 (NI 2) (orders for financial relief against parents), or
(iv) Part II of Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (NI 6) (orders transferring certain tenancies on divorce, etc., and on separation of cohabitees),
(b) an assignment to a person who would be qualified to succeed the tenant if the tenant died immediately before the assignment.
(3) Paragraph (1) also applies to a tenancy which is not an introductory tenancy but would be if the tenant, or where the tenancy is a joint tenancy, at least one of the tenants, were occupying or continuing to occupy the dwelling-house as his only or principal home.
Right of introductory tenants of the Executive to have repairs carried out
17. The Department may direct that any scheme for the time being approved by it under Article 38A of the Order of 1983 (see Article 133) shall apply to introductory tenants of the Executive in the same manner as it applies to secure tenants of the Executive.
Provision of information about tenancies
18. - (1) Where the Executive or any registered housing association lets dwelling-houses under introductory tenancies, it shall publish information about its introductory tenancies, in such form as it considers best suited to explain in simple terms, and, so far as it considers it appropriate, the effect of -
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(a) the express terms of its introductory tenancies,
(b) the provisions of this Chapter, and
(c) the landlord's repairing obligations;
and shall ensure that so far as is reasonably practicable the information so published is kept up to date.
(2) The landlord under an introductory tenancy shall supply the tenant with -
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(a) a copy of the information for introductory tenants published by it under paragraph (1), and
(b) a written statement of the terms of the tenancy, so far as they are neither expressed in the lease or written tenancy agreement (if any) nor implied by law;
and the statement required by sub-paragraph (b) shall be supplied on the grant of the tenancy or as soon as practicable afterwards.
Consultation on matters of housing management
19.
- (1) Where the Executive or a registered housing association lets dwelling-houses under introductory tenancies, it shall maintain such arrangements as it considers appropriate to enable those of its introductory tenants who are likely to be substantially affected by a relevant matter of housing management -
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(a) to be informed of the proposals of the Executive or the association in respect of the matter, and
(b) to make their views known to the Executive or the association within a specified period.
(2) The Executive or the association shall, before making a decision on a relevant matter, consider any representations made to it in accordance with those arrangements.
(3) A matter is one of housing management if, in the opinion of the Executive or the association concerned, it relates to -
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(a) the management, improvement, maintenance or demolition of dwelling-houses let by the Executive or the association under introductory or secure tenancies, or
(b) the provision of services or amenities in connection with such dwelling-houses;
but not so far as it relates to the rent payable under an introductory or secure tenancy or to charges for services or facilities provided by the Executive or the association.
(4) A matter is relevant if, in the opinion of the Executive or the association concerned, it represents -
-
(a) a new programme of maintenance, improvement or demolition, or
(b) a change in the practice or policy of the Executive or the association,
and is likely substantially to affect either its introductory tenants as a whole or a group of them who form a distinct social group or occupy dwelling-houses which constitute a distinct class (whether by reference to the kind of dwelling-house, or the housing estate or other larger area in which they are situated).
(5) The Executive or the association shall publish details of the arrangements which it makes under this Article, and a copy of the documents published under this paragraph shall -
-
(a) be made available at the Executive's district offices or at the association's principal office for inspection at all reasonable hours, without charge, by members of the public, and
(b) be given, on payment of a reasonable fee, to any member of the public who asks for one.
Jurisdiction of county court
20.
- (1) A county court has jurisdiction to determine questions arising under this Chapter and to entertain proceedings brought under this Chapter and claims, for whatever amount, in connection with an introductory tenancy.
(2) That jurisdiction includes jurisdiction to entertain proceedings as to whether a statement supplied in pursuance of Article 18(2)(b) (written statement of certain terms of tenancy) is accurate notwithstanding that no other relief is sought than a declaration.
(3) If a person takes proceedings in the High Court which, by virtue of this Article, he could have taken in the county court, he is not entitled to recover any costs.
(4) County court rules may make provision for the purpose of giving effect to this Article.
(5) In particular, the rules may provide -
-
(a) for the exercise by a district judge of a county court of any jurisdiction exercisable under this Article, and
(b) for the conduct of proceedings in private.
Power to make further provision
21.
Without prejudice to the generality of Article 147(2), the Department may by order make such provision in relation to a statutory provision as the Department considers appropriate as regards its application (with or without modifications) or non-application in relation to introductory tenants or introductory tenancies.
Extension of ground of nuisance or annoyance to neighbours, &c.
22. For Ground 2 in Schedule 3 to the Order of 1983 (nuisance or annoyance to neighbours, &c.) there shall be substituted -
The tenant or a person residing in or visiting the dwelling-house -
-
(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or
(b) has been convicted of -
-
(i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
(ii) an arrestable offence committed in, or in the locality of, the dwelling-house.".
New ground of domestic violence
23.
After Ground 2 in Schedule 3 to the Order of 1983 (as substituted by Article 22) there shall be inserted -
The dwelling-house was occupied (whether alone or with others) by a married couple or a couple living together as husband and wife and -
-
(a) one or both of the partners is a tenant of the dwelling-house,
(b) one partner has left because of violence or threats of violence by the other towards -
-
(i) that partner, or
(ii) a member of the family of that partner who was residing with that partner immediately before the partner left, and
(c) the court is satisfied that the partner who has left is unlikely to return while the other continues to occupy the dwelling-house.".
Extension of ground that grant of tenancy induced by false statement
24.
In Ground 5 in Schedule 3 to the Order of 1983 (grant of tenancy induced by false statement) for "by the tenant" there shall be substituted
-
"
by -
-
(a) the tenant, or
(b) a person acting at the tenant's instigation".
Proceedings for possession or termination
25.
- (1) For Article 28 of the Order of 1983 (notice of proceedings for possession) there shall be substituted -
-
"
Proceedings for possession: notice requirements
28. - (1) The court shall not entertain proceedings for the possession of a dwelling-house let under a secure tenancy unless -
-
(a) the landlord has served a notice on the tenant complying with the provisions of this Article, or
(b) the court considers it just and equitable to dispense with the requirement of such a notice.
(2) A notice under this Article shall -
-
(a) be in a form prescribed by regulations made by the Department,
(b) specify the ground on which the court will be asked to make an order for the possession of the dwelling-house, and
(c) give particulars of that ground.
(3) Where the ground or one of the grounds specified in the notice is Ground 2 in Schedule 3 (nuisance or other anti-social behaviour), the notice -
-
(a) shall also -
-
(i) state that proceedings for the possession of the dwelling-house may be begun immediately, and
(ii) specify the date sought by the landlord as the date on which the tenant is to give up possession of the dwelling-house, and
(b) ceases to be in force twelve months after the date so specified.
(4) Where Ground 2 in Schedule 3 is not specified in the notice, the notice -
-
(a) shall also specify the date after which proceedings for the possession of the dwelling-house may be begun, and
(b) ceases to be in force twelve months after the date so specified.
(5) The date specified in accordance with paragraph (3) or (4) must not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same date as the notice under this Article.
Additional requirements in relation to certain proceedings for possession
28A.
- (1) Where a notice under Article 28 has been served on a tenant containing the information mentioned in paragraph (3)(a) of that Article, the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun at a time when the notice is still in force.
(2) Where -
-
(a) a notice under Article 28 has been served on a tenant, and
(b) a date after which proceedings may be begun has been specified in the notice in accordance with paragraph (4)(a) of that Article,
the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun after the date so specified and at a time when the notice is still in force.
(3) Where -
-
(a) the ground or one of the grounds specified in a notice under Article 28 is Ground 2A in Schedule 3 (domestic violence), and
(b) the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house,
the court shall not entertain proceedings for the possession of the dwelling-house unless it is satisfied that the landlord has served a copy of the notice on the partner who has left or has taken all reasonable steps to serve a copy of the notice on that partner.
-
This paragraph has effect subject to paragraph (5).
(4) Where -
-
(a) Ground 2A in Schedule 3 is added to a notice under Article 28 with the leave of the court after proceedings for possession are begun, and
(b) the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings,
the court shall not continue to entertain the proceedings unless it is satisfied that the landlord has served a notice under paragraph (6) on the partner who has left or has taken all reasonable steps to serve such a notice on that partner.
-
This paragraph has effect subject to paragraph (5).
(5) Where paragraph (3) or (4) applies and Ground 2 in Schedule 3 (nuisance or other anti-social behaviour) is also specified in the notice under Article 28, the court may dispense with the requirements as to service in relation to the partner who has left the dwelling-house if it considers it just and equitable to do so.
(6) A notice under this paragraph shall -
-
(a) state that proceedings for the possession of the dwelling-house have begun,
(b) specify the ground or grounds on which possession is being sought, and
(c) give particulars of the ground or grounds.".
(2) In paragraph (1) of Article 29 of the Order of 1983 (grounds and orders for possession), the words from "and shall" to the end shall be omitted.
(3) After paragraph (3A) of that Article there shall be inserted -
-
"
(3B) Where a notice under Article 28 has been served on the tenant, the court shall not make such an order on any of the grounds set out in Part I of Schedule 3 unless the ground is specified in the notice; but the grounds so specified may be altered or added to with the leave of the court.
(3C) Where a date is specified in a notice under Article 28 in accordance with paragraph (3) of that Article, the court shall not make an order which requires the tenant to give up possession of the dwelling-house in question before the date so specified.".
(4) In Schedule 3 to the Order of 1983, in Ground 11, after "notice of the proceedings for possession was served under Article 28" there shall be inserted "(or, where no such notice was served, the proceedings for possession were begun)".
Power to grant injunctions against anti-social behaviour
26. - (1) The High Court or a county court may, on an application by the relevant landlord, grant an injunction prohibiting a person from -
-
(a) engaging in or threatening to engage in conduct causing or likely to cause a nuisance or annoyance to a person residing in, visiting or otherwise engaging in a lawful activity in residential premises to which this Article applies or in the locality of such premises,
(b) using or threatening to use residential premises to which this Article applies for immoral or illegal purposes, or
(c) entering residential premises to which this Article applies or being found in the locality of any such premises.
(2) This Article applies to residential premises of the following descriptions -
-
(a) dwelling-houses held under secure tenancies or introductory tenancies;
(b) dwelling-houses held under qualifying shorthold tenancies from registered housing associations;
(c) accommodation provided under Part II of the Order of 1988 (homelessness);
(d) other accommodation provided by the Executive or a registered housing association and of such description as may be prescribed for the purposes of this Article;
(e) dwelling-houses held under private tenancies of such description as may be prescribed for the purposes of this Article.
-
In sub-paragraph (e) "private tenancies" has the same meaning as in the Rent (Northern Ireland) Order 1978 (NI 20).
(3) The court shall not grant an injunction under this Article unless it is of the opinion that there is a significant risk of harm to any person of a description mentioned in paragraph (1)(a) if the injunction is not granted.
(4) An injunction under this Article may -
-
(a) in the case of an injunction under paragraph (1)(a) or (b), relate to particular acts or to conduct, or types of conduct, in general or both, and
(b) in the case of an injunction under paragraph (1)(c), relate to particular premises or a particular locality;
and may be made for a specified period or until varied or discharged.
(5) An injunction under this Article may be varied or discharged by the court on an application by -
-
(a) the respondent, or
(b) the relevant landlord concerned.
(6) The court may, in any case where it considers that it is just and convenient to do so, grant an injunction under this Article, or vary such an injunction, even though the respondent has not been given such notice of the proceedings as would otherwise be required by rules of court or county court rules.
-
If the court does so, it must afford the respondent an opportunity to make representations relating to the injunction or variation as soon as just and convenient at a hearing of which notice has been given to all the parties in accordance with rules of court or county court rules.
(7) In this Article "the relevant landlord" means -
-
(a) in relation to residential premises of a description mentioned in any of sub-paragraphs (a) to (d) of paragraph (2), the Executive or a registered housing association, and
(b) in relation to residential premises of a description mentioned in sub-paragraph (e) of that paragraph, the landlord of the premises concerned.
Meaning of "harm"
27.
- (1) For the purposes of Article 26(3) "harm" -
-
(a) in relation to a person who has reached the age of 18 years, means ill-treatment or the impairment of health, and
(b) in relation to a child, means ill-treatment or the impairment of health or development.
(2) Where the question of whether harm suffered by a child is significant turns on the child's health or development, his health or development shall be compared with that which could reasonably be expected of a similar child.
(3) In this Article -
-
"child" means a person under the age of 18 years;
-
"health" includes physical or mental health; and
-
"ill-treatment", in relation to a child, includes sexual abuse and forms of ill-treatment which are not physical.
Interpretation of Part III
28. - (1) In this Part -
-
"dwelling" means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
-
"elderly" means aged 60 years or over;
-
"house in multiple occupation" has the same meaning as in Part IV of the Order of 1992;
-
"housing action area" has the same meaning as in Article 2(2) of the Order of 1981;
-
"improvement" includes alteration and enlargement;
-
"owner", in relation to a dwelling, has the meaning given by Article 32, and, in relation to a house in multiple occupation, has the same meaning as in Article 2 of the Order of 1981;
-
"owner's interest", in relation to any premises, means -
-
(a) a freehold estate in possession (whether legal or equitable), or
(b) an interest under a tenancy granted or extended for a term of years of which not less than 10 years remain unexpired at the date of the application,
whether held by the applicant alone or jointly with others;
-
"partner", in relation to a person, means that person's spouse or a person other than a spouse with whom he or she lives as husband or wife;
-
"rack rent" means a rent which is not less than two-thirds of the net annual value of the dwelling, or a rent which has been fixed in accordance with the Rent (Northern Ireland) Order 1978 (NI 20);
-
"relevant authority" means the authority for the area in which the dwelling or building is situated; and references to an authority and to the area of an authority shall be construed in accordance with paragraphs (2), (3) and (4) of Article 2 of the Children (Northern Ireland) Order 1995 (NI 2);
-
"tenancy" includes a sub-tenancy and an agreement for a tenancy or sub-tenancy;
-
"tenant" includes a sub-tenant and any person deriving title under the original tenant or sub-tenant.
(2) Subject to paragraph (3) a tenancy is a long tenancy for the purposes of this Part if -
-
(a) it is a tenancy granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by a notice given by or to the tenant or by re-entry, forfeiture or otherwise; or
(b) it is a tenancy granted under an equity-sharing lease within the meaning of Article 31(6) of the Order of 1981.
(3) A tenancy is not a long tenancy for those purposes if it is an interest created by way of security and liable to termination by the exercise of a right of redemption or otherwise.
(4) In this Part references to a person being connected with the owner of a dwelling shall be construed in accordance with Article 31.
Meaning of "reasonable repair"
29. In determining for the purposes of this Part what is "reasonable repair", in relation to a dwelling, house or building, the Executive -
-
(a) shall have regard to the age and character of the dwelling, house or building and the locality in which it is situated, and
(b) shall disregard the state of internal decorative repair.
Fitness for human habitation
30.
- (1) Article 46 of the Order of 1981 (fitness for human habitation) applies for the purposes of this Part as it applies for the purposes of that Order.
(2) In deciding whether it is satisfied that the carrying out of the relevant works is the most satisfactory course of action in a case where the house or dwelling concerned is unfit for human habitation, the Executive shall have regard to any guidance given under Article 46A of the Order of 1981 and Article 115.
-
For that purpose the Executive shall treat any guidance given in respect of the serving of a repair notice under Article 41(1) of the Order of 1981 as guidance given in respect of the completion of the relevant works.
Meaning of "connected persons"
31.
For the purposes of this Part a person is connected with the owner for the time being of a dwelling if -
-
(a) in a case where personal representatives or trustees are the owner, he is a person who under the will or intestacy or, as the case may be, under the terms of the trust concerned is beneficially entitled to an interest in the dwelling or to the proceeds of sale of the dwelling;
(b) in any other case, he is a member of the family of the owner.
Meaning of "owner" of dwelling
32.
In this Part "owner", in relation to a dwelling -
-
(a) means a person, other than a mortgagee not in possession, who, whether in his own right or as a trustee for any other person and whether alone or jointly or in common with any other person, is entitled to receive the rack rent of the dwelling, or where the dwelling is not so let, would be entitled to receive it if it were so let; and
(b) is not himself liable as lessee of the dwelling, or of property which includes the dwelling, to pay such a rent to a superior landlord.
Disabled persons
33.
For the purposes of this Part "disabled person" has the same meaning as in the Disability Discrimination Act 1995 (c. 50).
Interpretation of Chapter II
34. - (1) In this Chapter -
-
"common parts", in relation to a building, includes the structure and exterior of the building and common facilities provided, whether in the building or elsewhere, for persons who include the occupiers of one or more flats in the building;
-
"common parts application", in relation to an application for a disabled facilities grant, means an application in respect of works to the common parts of a building containing one or more flats;
-
"conversion application" -
-
(a) in relation to an application for a renovation grant, means an application in respect of works required for the provision of one or more dwellings by the conversion of a house or other building, and
(b) in relation to an application for an HMO grant, means an application for a grant in respect of works for the provision of a house in multiple occupation by the conversion of a house or other building;
-
"flat", in relation to a building, means a dwelling which is a separate set of premises, whether or not on the same floor, divided horizontally from some other part of the building.
(2) In this Chapter the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions of this Chapter indicated -
| certificate of future occupation (in relation to an application for an HMO grant) | Article 57(2) |
| certificate of intended letting (in relation to an application for a renovation grant) | Article 41(3) |
| certified date | Article 75(3)(b) |
| common parts grant | Article 35(3) |
| disabled facilities grant | Article 35(4) |
| disabled occupant | Article 51 |
| eligible works | Article 65(2)(a) |
| estimated expense | Article 65(2) |
| exempt disposal | Article 85 |
| grant (without more) | Article 35(6) |
| grant condition | Article 75(1) |
| grant condition period | Article 75(3)(a) |
| HMO grant | Article 35(5) |
| landlord's application (in relation to a common parts grant) | Article 46(1) and (2) |
| occupying tenant (in relation to an application for a common parts grant) | Article 45(2) |
| owner-occupation certificate (in relation to an application for a renovation grant) | Article 41(2) |
| owner's application | |
| -in relation to a renovation grant | Article 40(1) and (2) |
| -in relation to a disabled facilities grant | Article 50(1) and (2) |
| owner's certificate (in relation to an application for a disabled facilities grant) | Article 52(2) |
| participating landlord (in relation to a tenants' application for a common parts grant) | Article 46(4) |
| preliminary or ancillary services and charges | Article 36(4) |
| qualifying owner's interest | |
| -in relation to an application for a renovation grant | Article 40(4) |
| -in relation to an application for a disabled facilities grant | Article 50(4) |
| -in relation to an application for an HMO grant | Article 56(3) |
| qualifying tenant | |
| -in relation to an application for a renovation grant | Article 40(5) |
| -in relation to an application for a disabled facilities grant | Article 50(4) |
| relevant disposal | Article 84 |
| relevant works (in relation to a grant application) | Article 36(2)(a) |
| renovation grant | Article 35(2) |
| tenant (and expressions relating to tenancies) | |
| -in the context of a tenant's application for a renovation grant | Article 40(6) |
| -in the context of a certificate of intended letting | Article 41(4) |
| -in the context of an application for a common parts grant | Article 45(2) |
| -in the context of an application for a disabled facilities grant | Article 50(5) |
| tenant's application | |
| -in relation to a renovation grant | Article 40(1) and (2) |
| -in relation to a disabled facilities grant | Article 50(1) and (2) |
| tenants' application (in relation to a common parts grant) | Article 46(1) and (2) |
| tenant's certificate | |
| -for the purposes of an application for a renovation grant | Article 42(2) |
| -for the purposes of an application for a disabled facilities grant | Article 53(2) |
Grants for improvements and repairs, &c.
35. - (1) Grants are available from the Executive in accordance with this Chapter towards the cost of works required for -
-
(a) the improvement or repair of dwellings, houses in multiple occupation or the common parts of buildings containing one or more flats,
(b) the provision of dwellings or houses in multiple occupation by the conversion of a house or other building, and
(c) the provision of facilities for disabled persons in dwellings and in the common parts of buildings containing one or more flats.
(2) A grant relating to -
-
(a) the improvement or repair of a dwelling, or
(b) the provision of dwellings by the conversion of a house or other building,
is referred to as a "renovation grant".
(3) A grant relating to the improvement or repair of the common parts of a building is referred to as a "common parts grant".
(4) A grant for the provision of facilities for a disabled person -
-
(a) in a dwelling, or
(b) in the common parts of a building containing one or more flats,
is referred to as a "disabled facilities grant".
(5) A grant for -
-
(a) the improvement or repair of a house in multiple occupation, or
(b) the provision of a house in multiple occupation by the conversion of a house or other building,
is referred to as an "HMO grant".
(6) In the following provisions of this Chapter the expression "grant", without more, means any of these types of grant.
Applications for grants
36.
- (1) No grant shall be paid unless an application for it is made to the Executive in accordance with the provisions of this Chapter and is approved by it.
(2) An application for a grant shall be in writing and shall specify the premises to which it relates and contain -
-
(a) particulars of the works in respect of which the grant is sought (in this Chapter referred to as the "relevant works");
(b) subject to paragraph (3), an estimate from a contractor acceptable to the Executive (see Article 69) of the cost of carrying out the relevant works;
(c) particulars of any preliminary or ancillary services and charges in respect of the cost of which the grant is also sought; and
(d) such other particulars as the Department may direct.
(3) The Executive may in any particular case direct that an application shall contain estimates from different contractors acceptable to it.
(4) In this Chapter "preliminary or ancillary services and charges", in relation to an application for a grant, means services and charges which -
-
(a) relate to the application and the preparation for and the carrying out of works, and
(b) are specified for the purposes of this paragraph by the Department.
Ineligible applicants
37.
- (1) No grant is payable under this Chapter unless the applicant is aged 18 or over on the date of the application.
-
In the case of a joint application, any applicant under the age of 18 years on the date of the application shall be left out of account.
(2) No grant is payable under this Chapter if the applicant is of a description excluded from entitlement to grant aid by regulations made by the Department.
(3) Regulations under paragraph (2) may proceed wholly or in part by reference to the provisions relating to entitlement to housing benefit, or any other form of assistance, as they have effect from time to time.
The age of the property
38.
- (1) The Executive shall not entertain an application for a grant in respect of premises provided (by construction or conversion) less than 10 years before the date of the application unless -
-
(a) the application is for a disabled facilities grant, or
(b) the application is for an HMO grant in respect of a house in multiple occupation provided by conversion.
(2) The Department may by order amend paragraph (1) so as to substitute another period for that specified.
Excluded descriptions of works
39.
- (1) No grant is payable in respect of works of a description excluded from grant aid under this Chapter by direction of the Department.
(2) Directions may specify descriptions of works for which grant aid is not to be available without the Department's consent.
(3) The Department may give any such consent with respect to applications generally or to a particular description of application.
Renovation grants: owner's applications and tenant's applications
40. - (1) The Executive shall not entertain an application for a renovation grant unless it is satisfied -
-
(a) that the applicant has, or proposes to acquire, an owner's interest in every parcel of land on which the relevant works are to be carried out, or
(b) in the case of an application other than a conversion application, that the applicant is a qualifying tenant of the dwelling (alone or jointly with others) but does not have, or propose to acquire, an owner's interest in the dwelling.
(2) References in this Chapter to an "owner's application" or a "tenant's application", in relation to a renovation grant, shall be construed accordingly.
(3) In accordance with directions given by the Department, the Executive may treat the condition in paragraph (1)(a) as met by a person who has, or proposes to acquire, an owner's interest in only part of the land concerned.
(4) References in this Chapter to "a qualifying owner's interest", in relation to an application for a renovation grant, are to an owner's interest meeting the condition in paragraph (1)(a) or treated by virtue of paragraph (3) as meeting that condition.
(5) In this Chapter a "qualifying tenant", in relation to an application for a renovation grant, means a person who (alone or jointly with others) is a tenant of the premises to which the application relates -
-
(a) who -
-
(i) is required by the terms of his tenancy to carry out the relevant works,
(ii) who signed an agreement in respect of the tenancy before the day appointed for the coming into operation of this Article,
and whose tenancy is not of a description excluded from this paragraph by an order of the Department, or
(b) whose tenancy is of a description specified for the purposes of this paragraph by order of the Department.
(6) In paragraph (5) "tenant" includes a person having a licence to occupy the premises concerned which satisfies such conditions as may be specified by order of the Department.
-
References in this Chapter to tenants and other expressions relating to tenancies, in the context of a tenant's application for a renovation grant, shall be construed accordingly.
Renovation grants: certificates required in case of owner's application
41.
- (1) The Executive shall not entertain an owner's application for a renovation grant unless it is accompanied by an owner-occupation certificate or a certificate of intended letting in respect of the dwelling to which the application relates or, in the case of a conversion application, in respect of each of the dwellings to be provided.
(2) An "owner-occupation certificate" certifies that the applicant -
-
(a) has or proposes to acquire a qualifying owner's interest, and
(b) intends that throughout the grant condition period he or a member of his family will live in the dwelling as his (or that member's) only or main residence.
(3) A "certificate of intended letting" certifies that the applicant -
-
(a) has or proposes to acquire a qualifying owner's interest, and
(b) intends that throughout the grant condition period the dwelling will be let or available for letting as a residence (and not for a holiday) to a person who is not connected with the owner for the time being of the dwelling.
-
In sub-paragraph (b) "letting" does not include a letting on a long tenancy.
(4) In paragraph (3) references to letting include the grant of a licence to occupy premises.
-
References in this Chapter to tenants and other expressions relating to tenancies, in the context of a certificate of intended letting, shall be construed accordingly.
Renovation grants: certificates required in case of tenant's application
42.
- (1) The Executive shall not entertain a tenant's application for a renovation grant unless it is accompanied by a tenant's certificate.
(2) A "tenant's certificate" certifies -
-
(a) that the applicant is a qualifying tenant of the dwelling, and
(b) that he or a member of his family intends to live in the dwelling as his (or that member's) only or main residence.
(3) Except where the Executive considers it unreasonable in the circumstances to seek such a certificate, the Executive shall not entertain a tenant's application for a renovation grant unless it is also accompanied by a certificate of intended letting (see Article 41(3)) by the person who at the time of the application is the landlord under the tenancy.
Renovation grants: purposes for which grant may be given
43.
- (1) The purposes for which an application for a renovation grant, other than a conversion application, may be approved are the following -
-
(a) to comply with a notice under Article 41 of the Order of 1981 (repair notices) or otherwise to render a dwelling fit for human habitation;
(b) to put the dwelling in reasonable repair;
(c) to provide adequate facilities for space heating;
(d) to provide satisfactory internal arrangements;
(e) to provide means of escape in case of fire or other fire precautions, not being precautions required under or by virtue of any statutory provision (whenever made);
(f) to ensure that the dwelling complies with such requirements with respect to construction or physical condition as may be specified by the Department;
(g) to ensure that there is compliance with such requirements with respect to the provision or condition of services and amenities to or within the dwelling as are so specified;
(h) any other purpose for the time being specified for the purposes of this Article by order of the Department.
(2) The purpose for which a conversion application may be approved is to provide one or more dwellings by the conversion of a house or other building.
(3) If in the opinion of the Executive the relevant works are more or less extensive than is necessary to achieve any of the purposes set out in paragraph (1) or (2), the Executive may, with the consent of the applicant, treat the application as varied so that the relevant works are limited to or, as the case may be, include such works as seem to it to be necessary for that purpose.
(4) The reference in sub-paragraph (e) of paragraph (1) to precautions required under or by virtue of a statutory provision does not include precautions required to comply with a notice under Article 80 of the Order of 1992 (notice requiring execution of works to render house in multiple occupation fit for number of occupants) so far as it relates to premises which are not part of a house in multiple occupation for the purposes of this Part.
(5) In exercise of the powers conferred by sub-paragraphs (f) and (g) of paragraph (1) the Department may specify requirements generally or for particular cases.
Renovation grants: approval of application
44.
- (1) The Executive may approve an application for a renovation grant if it thinks fit, subject to the following provisions.
(2) The Executive shall not approve an application for a renovation grant unless it is satisfied that the works are necessary for one or more of the purposes set out in Article 43(1) or (2).
(3) Where the Executive entertains an owner's application for a renovation grant made by a person who proposes to acquire a qualifying owner's interest, it shall not approve the application until it is satisfied that he has done so.
(4) Where the Executive proposes to approve an application for a renovation grant, it shall consider whether the premises to which the application relates are fit for human habitation.
(5) If it appears to the Executive that the premises are not fit for human habitation, the Executive shall not approve the application unless it is satisfied -
-
(a) that on completion of the relevant works, together with any other works proposed to be carried out, the premises will be fit for human habitation;
(b) that there are satisfactory financial and other arrangements for carrying out those works, and
(c) that the carrying out of the works is the most satisfactory course of action.
(6) In considering whether to approve an application for a renovation grant the Executive shall have regard to the expected life of the building (taking account, where appropriate, of the effect of carrying out the works).
Common parts grants: occupation of flats by occupying tenants
45. - (1) The Executive shall not entertain an application for a common parts grant unless it is satisfied that at the date of the application at least the required proportion of the flats in the building concerned is occupied by occupying tenants.
(2) In this Chapter an "occupying tenant", in relation to a flat in a building, means a person who has in relation to the flat (alone or jointly with others) -
-
(a) a protected tenancy,
(b) a statutory tenancy, or
(c) a tenancy or licence which satisfies such conditions as may be specified by order of the Department,
and who occupies the flat as his only or main residence.
-
References in this Chapter to other expressions relating to tenancies, in the context of an application for a common parts grant, shall be construed accordingly.
(3) The "required proportion" mentioned in paragraph (1) is three-quarters or such other proportion as may be -
-
(a) specified for the purposes of this Article by an order of the Department, or
(b) approved by the Department, in relation to a particular case or description of case, on application made by the Executive.
Common parts grants: landlord's and tenants' applications
46.
- (1) The Executive shall not entertain an application for a common parts grant unless it is satisfied -
-
(a) that the applicant has an owner's interest in the building and has a duty or power to carry out the relevant works, or
(b) that the application is made by at least three-quarters of the occupying tenants of the building who under their tenancies have a duty to carry out, or to make a contribution in respect of the carrying out of, some or all of the relevant works.
(2) References in this Chapter to a "landlord's application" and a "tenants' application", in relation to a common parts grant, shall be construed accordingly.
(3) In deciding whether the requirement in sub-paragraph (b) of paragraph (1) is met -
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(a) where a tenancy is held by 2 or more persons jointly, those persons shall be regarded as a single occupying tenant; and
(b) a tenant whose tenancy is of a description specified for the purposes of that sub-paragraph by order of the Department shall be treated as an occupying tenant falling within that sub-paragraph.
(4) A person who has an owner's interest in the building and who has a duty or power to carry out any of the relevant works may also join in a tenants' application for a common parts grant; and where such a person does join in an application, he is in this Chapter referred to as a "participating landlord".
Common parts grants: certificates required to accompany application
47.
- (1) The Executive shall not entertain a landlord's application for a common parts grant unless it is accompanied by a certificate signed by the applicant which -
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(a) specifies the interest of the applicant in the building, and
(b) certifies that the required proportion of the flats in the building is occupied by occupying tenants.
(2) The Executive shall not entertain a tenants' application for a common parts grant unless it is accompanied by a certificate signed by each of the applicants which -
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(a) specifies the interest of each of the applicants in each flat in the building, and
(b) certifies that the required proportion of the flats in the building is occupied by occupying tenants.
Common parts grants: purposes for which grant may be given
48.
- (1) The purposes for which an application for a common parts grant may be approved are -
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(a) to comply with a notice under Article 41 of the Order of 1981 (repair notices) or otherwise to cause the building to meet the requirements in Article 46(2) of that Order;
(b) to comply with a notice under Article 80 of the Order of 1992 (notice requiring works to render premises fit for the number of occupants) or otherwise to enable the house to meet one or more of the requirements in paragraph (2) of that Article;
(c) to provide adequate facilities for space heating;
(d) to provide satisfactory internal arrangements;
(e) to provide means of escape in case of fire or other fire precautions, not being precautions required under or by virtue of any statutory provision (whenever made);
(f) to ensure that the building complies with such requirements with respect to construction or physical condition as may be specified by the Department;
(g) to ensure that there is compliance with such requirements with respect to the provision or condition of services and amenities to or within the building as are so specified;
(h) any other purpose for the time being specified for the purposes of this Article by order of the Department.
(2) If in the opinion of the Executive the relevant works are more or less extensive than is necessary to achieve any of the purposes set out in paragraph (1), the Executive may, with the consent of the applicant, treat the application as varied so that the relevant works are limited to or, as the case may be, include such works as seem to it to be necessary for that purpose.
(3) In exercise of the powers conferred by sub-paragraphs (f) and (g) of paragraph (1) the Department may specify requirements generally or for particular cases.
Common parts grants: approval of application
49.
- (1) The Executive may approve an application for a common parts grant if it thinks fit, subject to the following provisions.
(2) The Executive shall not approve an application for a common parts grant unless it is satisfied that the works are necessary for one or more of the purposes set out in Article 48(1).
(3) Where the Executive proposes to approve an application for a common parts grant, the Executive shall consider whether the building to which the application relates meets the requirements mentioned in sub-paragraphs (a) to (e) of Article 46(2) of the Order of 1981.
(4) If it appears to the Executive that the building does not meet those requirements, the Executive shall not approve the application unless it is satisfied -
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(a) that on completion of the relevant works, together with any other works proposed to be carried out, the building will meet those requirements,
(b) that there are satisfactory financial and other arrangements for carrying out those works, and
(c) that the carrying out of the works is the most satisfactory course of action.
(5) In considering whether to approve an application for a common parts grant the Executive shall have regard to the expected life of the building (taking account, where appropriate, of the effect of carrying out the works).
Disabled facilities grants: owner's and tenant's applications
50. - (1) The Executive shall not entertain an application for a disabled facilities grant unless it is satisfied -
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(a) that the applicant has, or proposes to acquire, an owner's interest in every parcel of land on which the relevant works are to be carried out, or
(b) that the applicant is a tenant (alone or jointly with others) -
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(i) in the case of an application in respect of works to a dwelling, of the dwelling, or
(ii) in the case of a common parts application, of a flat in the building,
and, in either case, does not have or propose to acquire such an owner's interest as is mentioned in sub-paragraph (a).
(2) References in this Chapter to an "owner's application" or a "tenant's application", in relation to a disabled facilities grant, shall be construed accordingly.
(3) In accordance with directions given by the Department, the Executive may treat the condition in paragraph (1)(a) as met by a person who has, or proposes to acquire, an owner's interest in only part of the land concerned.
(4) In this Chapter, in relation to an application for a disabled facilities grant -
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(a) "qualifying owner's interest" means an owner's interest meeting the condition in paragraph (1)(a) or treated by virtue of paragraph (3) as meeting that condition; and
(b) "qualifying tenant" means a tenant who meets the conditions in paragraph (1)(b).
(5) In this Chapter "tenant", in relation to a disabled facilities grant, includes -
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(a) a person who has a protected tenancy or statutory tenancy,
(b) an employee (whether full-time or part-time) who occupies the dwelling or flat concerned for the better performance of his duties, and
(c) a person having a licence to occupy the dwelling or flat concerned which satisfies such conditions as may be specified by order of the Department,
and other expressions relating to tenancies, in the context of an application for a disabled facilities grant, shall be construed accordingly.
Disabled facilities grants: the disabled occupant
51.
In this Chapter the "disabled occupant", in relation to an application for a disabled facilities grant, means the disabled person for whose benefit it is proposed to carry out any of the relevant works.
Disabled facilities grants: certificate required in case of owner's application
52.
- (1) The Executive shall not entertain an owner's application for a disabled facilities grant unless it is accompanied by an owner's certificate in respect of the dwelling to which the application relates or, in the case of a common parts application, in respect of each flat in the building occupied or proposed to be occupied by a disabled occupant.
(2) An "owner's certificate", for the purposes of an application for a disabled facilities grant, certifies that the applicant -
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(a) has or proposes to acquire a qualifying owner's interest, and
(b) intends that the disabled occupant will live in the dwelling or flat as his only or main residence throughout the grant condition period or for such shorter period as his health and other relevant circumstances permit.
Disabled facilities grants: certificates required in case of tenant's application
53.
- (1) The Executive shall not entertain a tenant's application for a disabled facilities grant unless it is accompanied by a tenant's certificate.
(2) A "tenant's certificate", for the purposes of an application for a disabled facilities grant, certifies -
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(a) that the application is a tenant's application, and
(b) that the applicant intends that he (if he is the disabled occupant) or the disabled occupant will live in the dwelling or flat as his only or main residence throughout the grant condition period or for such shorter period as his health and other relevant circumstances permit.
(3) Except where the Executive considers it unreasonable in the circumstances to seek such a certificate, the Executive shall not entertain a tenant's application for a disabled facilities grant unless it is also accompanied by an owner's certificate from the person who at the time of the application is the landlord under the tenancy.
Disabled facilities grants: purposes for which grant must or may be given
54.
- (1) The purposes for which an application for a disabled facilities grant must be approved, subject to the provisions of this Chapter, are the following -
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(a) facilitating access by the disabled occupant to and from the dwelling or the building in which the dwelling or, as the case may be, flat is situated;
(b) making the dwelling or building safe for the disabled occupant and other persons residing with him;
(c) facilitating access by the disabled occupant to a room used or usable as the principal family room;
(d) facilitating access by the disabled occupant to, or providing for the disabled occupant, a room used or usable for sleeping;
(e) facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a lavatory, or facilitating the use by the disabled occupant of such a facility;
(f) facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a bath or shower (or both), or facilitating the use by the disabled occupant of such a facility;
(g) facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a washhand basin, or facilitating the use by the disabled occupant of such a facility;
(h) facilitating the preparation and cooking of food by the disabled occupant;
(i) improving any heating system in the dwelling to meet the needs of the disabled occupant or, if there is no existing heating system in the dwelling or any such system is unsuitable for use by the disabled occupant, providing a heating system suitable to meet his needs;
(j) facilitating the use by the disabled occupant of a source of power, light or heat by altering the position of one or more means of access to or control of that source or by providing additional means of control;
(k) facilitating access and movement by the disabled occupant around the dwelling in order to enable him to care for a person who is normally resident in the dwelling and is in need of such care;
(l) such other purposes as may be specified by order of the Department.
(2) An application for a disabled facilities grant may be approved, subject to the provisions of this Chapter, for the purpose of making the dwelling or building suitable for the accommodation, welfare or employment of the disabled occupant in any other respect.
(3) If in the opinion of the Executive the relevant works are more or less extensive than is necessary to achieve any of the purposes set out in paragraph (1) or the purpose mentioned in paragraph (2), it may, with the consent of the applicant, treat the application as varied so that the relevant works are limited to or, as the case may be, include such works as seem to the Executive to be necessary for that purpose.
Disabled facilities grants: approval of application
55.
- (1) The Executive -
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(a) shall approve an application for a disabled facilities grant for purposes within Article 54(1), and
(b) may if it thinks fit approve an application for a disabled facilities grant not for a purpose within that provision but for the purpose specified in Article 54(2),
subject to the following provisions.
(2) Where the Executive entertains an owner's application for a disabled facilities grant made by a person who proposes to acquire a qualifying owner's interest, it shall not approve the application until it is satisfied that he has done so.
(3) The Executive shall not approve an application for a disabled facilities grant unless it is satisfied -
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(a) that the relevant works are necessary and appropriate to meet the needs of the disabled occupant, and
(b) that it is reasonable and practicable to carry out the relevant works having regard to the age and condition of the dwelling or building.
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In considering the matters mentioned in sub-paragraph (a) the Executive shall consult the relevant authority, unle