current policy issues

The Department for Social Development (DSD) has overall control and responsibility for preparing and directing social housing policy in Northern Ireland. It has regulatory powers over the Northern Ireland Housing Executive and Registered Housing Associations and has oversight of the private rented sector. The DSD is also taking the lead in Promoting Social Inclusion of homeless people, tackling fuel poverty and has commissioned a study into the affordable housing issues.

The most recent and significant housing policy change is the introduction of the Private Tenancies (NI) Order 2006 . The legislation is due to take effect from 1 April 2007 and essentially repeals the Rent (NI) Order 1978.

A ‘Guide to the Private Tenancies (NI) Order 2006’ is available from Housing Rights Service. It is aimed at legal professionals and housing advice practitioners.  To order your copy contact Adele Pound adele@housingrights.org.uk or call 028 90245640.

Private Tenancies Order

The legislation aims to target unfitness and disrepair in the sector through a system of enforcement and rent control. In summary, the main elements are:

  • a requirement for fitness inspections to be carried out on certain properties built before 1945
  • rent control for certain properties which do not meet fitness standards
  • landlords to provide tenants with a statement of tenancy terms and rent book
  • 6 month default security of tenure in the absence of a fixed term being agreed and
  • default repairing obligations where there is no agreement or where the obligations are unclear.

In general, we believe that this legislation is well intentioned. More effective enforcement action through local councils and rent control for certain unfit dwellings, should improve fitness levels. However, in our view the new legislation does not go far enough.

The private rented sector is playing an increasingly important role in meeting housing need in Northern Ireland. With rising house prices and a shortage of social rented accommodation there is an increasing reliance on this sector. Many people who would traditionally have sought social housing are having to rent privately. However, the private rented sector is not a viable option for everyone, particularly for people with complex support needs. There are a range of problems associated with this sector including high rents, housing benefit shortfalls, lack of awareness of rights/obligations, insecurity of tenure and poor landlord practices e.g. unreasonably withholding deposits, not carrying out repairs and harassment and illegal eviction. In our view, the Private Tenancies Order will do little to improve the situation for most private tenants who contact us for assistance.