Private Tenancies Act

From 1 April 2023 Sections 1 to 6 of the Private Tenancies Act (NI) 2022 will commence and landlords, agents and tenants need to be aware of the following information.

The Private Tenancies Act (Northern Ireland) 2022 makes amendments to the Private Tenancies (NI) Order 2006.

Section 8 of The Private Tenancies Act (NI) 2022 have been introduced which set a minimum standard for smoke, heat and carbon monoxide alarms in private rental properties.

Existing tenancies granted before 1 September 2024 must comply by 1 December 2024.

New tenancies granted on or after 1 September 2024 must be compliant on the date the new tenancy is granted.

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.

This includes current tenants who have not already received this type of tenancy information.

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.

Continuing Offences

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 we, Mid & East Antrim Borough Council, may issue a fixed penalty notice, or if convicted by a court the penalty will be a fine.

For further information please refer to the Department for Communities website.

Guides & templates:

The Smoke, Heat and Carbon Monoxide Alarms for Private Tenancies Regulations (Northern Ireland) 2024

The minimum standards for private rented properties have been set as a:

Smoke alarm installed in;
- The room which is most frequently used by the occupants for general daytime living purposes (normally the living room/lounge, except where the room includes an open kitchen);
  and
- every circulation space on each storey (hall, landing area);
Heat alarm installed in every kitchen; and
Carbon monoxide alarm installed in any room or circulation space which contains a fixed combustion appliance or a flue (that will include any bedrooms a flue passes through)
Alarms can be either sealed tamper-proof or hard wired alarms
Smoke and heat alarms must be interlinked

Compliance dates