Tenancy Rights

[Jakesmommy]

Hi everyone, I have a question about tenancy rights that I hope someone can answer. My daughter has rented an unfurnished house for the last 14 years. She signed an original contract for one month, and since then has paid her rent on time and has never given the landlord any problems. One month ago, the landlord told my daughter and her husband that he wants them to move out as he is going to renovate the property. Since then, the landlord has several times sent texts to my daughter, suggesting other properties for rent, and demanding that he be given access to the property to "measure the windows" and "assess the property". My daughter has no idea what her rights are here, but she feels under immense pressure in the face of the landlord's demands. I would really appreciate it if someone could give us some advice on what she should do, and what her rights as a tenant are. My daughter and her husband live in Northern Ireland. Thank you in advance.

[Buenchico]

The landlord must provide 12 weeks notice if he wants your daughter to quit the property. He has the right to access the property, at any reasonable time, simply by giving 24 hour's notice.

See here:
http://www.housingadviceni.org/advice-private-tenants/your-rights-private-tenant

[AKMild]

It all depends on the terms of the lease under which your daughter is occupying the property. A standard Assured Shorthold Tenancy (AST) will contain provisions for notice periods (usually works out at about two months) and for 'reasonable' access by the landlord and/or letting agent.

Although your daughter may not wish to move after 14 years, unfortunately the lease that she will have entered into may provide that the landlord can have the property back given the agreed notice period. The landlord should not act unreasonably, however, but it sounds to me like your daughter should dig out a copy of the lease and consult a solicitor if she is concerned.

[Dogsbody2]

Unless Peter Pedant comes up with something more tangible on here, she should try the local CAB. The law regarding short term assured tenancy is very different in NI than England and Wales, and she appears to have far more rights over there than here, especially if the agreement predates 1 April 2007, which it does. One suspects the landlord knows this also.

[Dogsbody2]

Oh dear, the above responders don't realise the law is different in NI.

[Buenchico]

>>> the above responders don't realise the law is different in NI

My link is to a Northern Ireland website, Dogsbody2!

[Dogsbody2]

Then I'm not sure how you came to the 12 weeks and you're out statement. That may not be the case on a pre 2007 tenancy.

[Dogsbody2]

I can see what your website quotes, but I think that's a gross oversimplification of what existed in NI before 2007. There are instances when tenants have a lot more rights depending on what was signed. Hence CAB, who know the local wrinkles.

[Dogsbody2]

THIS is what I'm referring to, Buenchico. Clearly the Government-based website doesn't cover enough of the basics in this case.

"Protected tenancies : If your tenancy is a private tenancy which began before 1 April 2007 you may be a protected tenant. Protected tenancies have their rents controlled by legislation. No new protected tenancies can be created but if you had a protected tenancy before 1 April 2007 your protection will continue as long as you occupy the property. Determining whether a tenancy is protected or not can be difficult as it depends on the letting history of the property. The key features of a protected tenancy are:

The property was built or converted for letting before 1956
The property was let as a private tenancy in 1978
The tenancy began before 1 April 2007
You can check online if a tenancy is listed on the rent register as protected. For more information, see www.nidirect.gov.uk. This is not an exhaustive list and a tenancy may be protected although it is not on the rent register."

Also, from the same source: -

Protected tenants: If you have a protected tenancy, as well as the basic rights of all private tenants, you also have the right:

to assign (pass on) the tenancy to a person who has the right of ‘succession’ to the tenancy. This is sometimes difficult to enforce so you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
to security of tenure. Your landlord can only repossess the accommodation in certain specified circumstances - see under heading The right to stay in the accommodation
to have the accommodation kept in a reasonable state of repair."

This is why the OP needs to visit the CAB who are well on top of this within Northern Ireland.

[Buenchico]

Thanks, DB2.

Perhaps my own post is an over-simplification but NI Housing Advice website does indeed have the full information because there's a relevant link ('Protected Tenants') at the top of the page that I've linked to above.

[Dogsbody2]

So summarising the outcome of this for the OP, the correct advice would appear to be:

a) use the link within BC's first reply under 'Protected Tenancy' to find out whether the address is recognised by the NI Rent Officer as a protected address.

b) Even it it doesn't appear on the relevant website, contact the Rent Officer and/or CAB, because there are lots of pre-2007 protected tenancies that are not registered on the website.

c) Only if the NI experts' advice is that it is not protected does the 12 weeks notice of eviction apply, as per the first answer.

My guess is that the landlord knows the address can be demonstrated as being a protected tenancy - he wouldn't be messing around like this, trying to ease your daughter out by the 'I want to renovate' stance.

Even as a protected tenant, she probably needs to grant reasonable and controlled access to the landlord - CAB can advise on this aspect as well.

[Peter Pedant]

Hi everybody !
No idea about Northern Irish Land law - the republic ( not involved here ) is pre-1925 Law of Property Act

she needs to dig out her lease and take it to the local CAB as dogz suggests

I hesitate to give any advice on the 'old law' except to say that I'm glad we dont have it here !

[Peter Pedant]

a one month contract which is run on for 14 y
wouldnt be covered by the 1988 act anyway would it

[ minimum six monts ) - minefield - go to the CAB

[Dogsbody2]

I don't know that either, Peter. That's why I've been saying from the start this lady needs the help of CAB. Tenancy rules in NI I've always regarded as a minefield.

[NITenant]

Hi - I'd suggest that your daughter contact Housing Rights on 028 9024 5640. It's pretty unlikely that the property will be a protected tenancy if it's in reasonably good repair and is not a farm building - protected tenancies are very rare. However, if there is any suspicion that the tenancy is protected, it's up to the landlord to disprove this, rather than the tenant to prove it. The information on http://www.housingadviceni.org/advice-private-tenants/notice-quit-and-due-process about notice to quit periods is accurate - if the tenancy is not protected and is a normal non-rent controlled tenancy, the landlord must give a clear 12 weeks notice in writing to end at the end of a rental period. However, the landlord does not need a reason (such as breach of contract) to issue this notice and the tenant has no defence if they decide to wait it out and go to court for a possession order. As I said, your daughter should call 028 9024 5640 to speak to the experts in this area. I hope it works out for her.

[NITenant]

As far as access, Article 12 of the Private Tenancies Order says that tenants must grant access to the landlord for purposes of inspection and repair as long as reasonable notice is given and the appointment is at a reasonable time. As always, no definition of "reasonable" but generally taken to mean a minimum of 24 hours advance notice. Beyond entry for inspection and repair - the landlord's rights of access will depend on what was in the original contract signed 14 years ago. Some contracts will allow reasonable access for improvements or to facilitate viewings. If the contract gives unfettered access without notice to the landlord it is probably unfair and, therefore, unenforceable under the old Unfair Terms in Consumer Contract Regulations (now superceded by Consumer Rights Act, but still applicable to contracts starting pre October 2015).

Hope this helps