Private Tenancies Act (Northern Ireland) 2022
In Northern Ireland, the Department for Communities is responsible for private tenancies legislation; the courts are responsible for administering it; and the local councils are responsible for enforcing it.
The Private Tenancies Act (Northern Ireland) 2022
The Law on Private Renting in Northern Ireland is changing on 1 April 2023 and Landlords and Tenants need to be aware of the following information.
Private landlords who let a property under a private tenancy should be registered under the Landlord Registration Scheme.
The Private Tenancies Act (Northern Ireland) 2022 received Royal Assent on 27 April 2022 and makes changes to the Private Tenancies Order (Northern Ireland) 2006.
The following provisions will come into effect on 1 April 2023.
First phase of Implementation - commences on 1 April 2023. Changes to the Private Tenancies (Northern Ireland) Order 2006.
| Section | Section name |
|---|---|
| 1 | Tenant to be given notice regarding certain matters |
| 2 | Tenant to be given notice regarding certain past matters |
| 3 | Tenant to be provided with a receipt for payment in cash |
| 4 | Limit on tenancy deposit amount |
| 5 | Increase in time limits for requirements relating to tenancy deposits |
| 6 | Certain offences in connection with tenancy deposits to be continuing offences |
A Guide reflecting all the changes that commence on 1 April 2023, prescribed notices for Sections 1 and 2 and guidance notes for completing the notices has been published.
The length of notice to quit that landlords and tenants are required to give are set out in the tables below. These notice periods applied from 5 May 2022.
Depending on the length of the tenancy, the landlord must give their tenant a minimum notice to quit period.
| Length of tenancy | Notice to quit |
|---|---|
| Tenancy not been in existence for more than 12 months | No less than 4 weeks' written notice |
| Tenancy has been in existence for more than 12 months but not more than 10 years | No less than 8 weeks' written notice |
| Tenancy has been in existence for more than 10 years | No less than 12 weeks' written notice |
Depending on the length of the tenancy the tenant must give their landlord a minimum notice to quit period.
| Length of tenancy | Notice to quit |
|---|---|
| Tenancy not been in existence for more than 10 years | No less than 4 weeks' written notice |
| Tenancy has been in existence for more than 10 years | No less than 12 weeks' written notice |
The Private Tenancies (Northern Ireland) Act 2022 also contains a number of other changes and the Department will continue to work on Regulations and Commencement Orders for other Sections of the Act.
Rent Regulation in the Private Sector in Northern Ireland
The Chartered Institute of Housing (CIH) were commissioned to carry out independent research on the Department’s behalf to support its responsibilities under Section 7 of The Private Tenancies (Northern Ireland) Act 2022.
The final research report from the Chartered Institute of Housing for the Department for Communities shows:
- what existing evidence tells us about rent regulation
- a baseline of current rent affordability and trends; plus the potential impact of rent control/regulation in Northern Ireland, and
- the consultation feedback from landlords and tenants, their representative groups and district councils.
Summary Report
The Summary Report relating to the Private Tenancies Act (Northern Ireland) 2022, Section 8: The Smoke, Heat and Carbon Monoxide Alarms for Private Tenancies Regulations (Northern Ireland) 2024 has been published.
- A 12-week stakeholder online consultation ran from 13 September 2023 to 6 December 2023.
- The consultation purpose was to gather feedback from key stakeholders determining the Regulations were fit for purpose, deliverable and easy to understand.
- It focused on engaging and obtaining the views of tenants, landlords, electricians, Council enforcement officers, and all associated professional bodies/representatives.
- This was also supplemented by engagement forums with key stakeholder groups and representatives.
- More detail about the consultation and subsequent analysis is provided within the published Summary Report.
- The Regulations and associated guidance notes have been published.