Newsletter 31 | March 2023
Welcome to our latest edition of the Private Rented Sector Landlord Newsletter
The law on private renting in Northern Ireland is changing
From 1 April 2023 Sections 1 to 6 of the Private Tenancies Act (Northern Ireland) 2022 will commence and landlords and tenants need to be aware of the following information.
Landlord’s Notice relating to the granting of a tenancy (Tenancy Information Notice)
A landlord must provide a tenant with a free tenancy information notice within 28 days of a private tenancy starting. This notice will provide important information about the tenancy, including the amount of rent payable and the rights and responsibilities of both landlords and tenants to help avoid disputes.
Landlord’s Notice relating to the variation of a Private Tenancy (Notice of Variation)
A landlord must also provide a tenant with a notice of variation if there are any changes to the information contained in the original tenancy information notice. The landlord must provide this within 28 days of any changes made and will be free of charge.
Notice regarding past matters
For any tenants who would have received notices under previous Article 4 of the Private Tenancies (Northern Ireland) Order 2006 but did not do so because of its accidental removal from legislation and who are still in a private tenancy on 1 April 2023, their landlord must provide them with a free notice regarding past matters and any variations. An exception is when the landlord has already given them a document which contains substantially the same information.
Receipts
Landlords must provide a receipt to any tenant who pays rent or any payment relating to their tenancy in cash. The receipt must include specific details, including the payment date and the amount paid. A landlord must provide the receipt at the time the payment is made and, where possible, a tenant should only make a cash payment when a receipt is available.
Landlords need to be aware that it is an offence to not provide a receipt or provide a receipt that is late or provide a receipt that contains incorrect information.
Tenancy Deposits
Landlords can no longer ask for a tenancy deposit of more than one month’s rent. Landlords now have up 28 days to protect a tenancy deposit and up to 35 days of receipt of the deposit to give required written information to the tenant. If a landlord does not protect a deposit in a tenancy deposit scheme, they could be prosecuted.
The Private Tenancies Act (Northern Ireland) 2022 makes the failure to protect a tenancy deposit a continuing offence and removes the 6-month time limit on prosecution. This means that there will be no time barrier on prosecuting a person who fails to comply with the requirements.
Remember, any landlord who does not comply with this new legislation is guilty of an offence and the council may issue a fixed penalty notice or if convicted by a court the penalty will be a fine.
Universal Credit: Responsibility for Housing Costs or Rent
Universal Credit housing costs are calculated and paid based on the customer’s declared and verified circumstances. Where issues arise regarding the payment of housing costs or rent, the responsibility remains with the tenant, and as such, they are the landlord’s first point of contact.
Landlord Registration Scheme
Registration as a landlord with the Landlord Registration Scheme must be renewed every 3 years whilst you are still a landlord. Reminder notifications are issued by email, text message and by post – please ensure that you renew your registration when prompted if you are still a landlord.
Please see below information available on NI Direct on how to register/renew:
Landlords who need to register
All landlords who let properties under a private tenancy in Northern Ireland must register. You must provide accurate and up-to-date information about yourself and your properties.
Register as a landlord or renew your landlord registration
Central register of private landlords
There is one register of private landlords and registered rented properties. A central 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 increases landlords’ accountability by:
- Promoting good practice
- Ensuring the right advice and help is available
Landlord advice
The Landlord Advice line is a free service for landlords who have registered with the Landlord Registration Scheme and callers must have their landlord registration number to hand when making a call.
Landlord Advice is available between 9.30am – 2.30pm Monday to Friday.
Call 028 90 245640 and pick option 5.
Private renting in Northern Ireland
Visit nidirect for up to date information and advice for all things relating to private renting in Northern Ireland.
