Some properties that do not have a Certificate of Fitness may need to have a fitness inspection carried out on them. This section details what a fitness inspection is and when you may apply for one.

Fitness inspections are carried out by your local council.

• I think the property I rent is unfit - can I apply for a fitness inspection?
• What is a Certificate of Fitness?
• How do I apply for a fitness inspection?
• What is the fitness inspection process?
• What happens if a Notice of Refusal is served?
• What happens if a Certificate of Fitness is granted?

I think the property I rent is unfit - can I apply for a fitness inspection?

If your tenancy began after 1 April 2007, you may be able to apply for a fitness inspection. Most properties do not need to have a Certificate of Fitness - you can check here to see if your property needs a Certificate of Fitness. Before you apply you must check this as well as making sure the property does not have a Certificate of Fitness already.

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What is a Certificate of Fitness?

A Certificate of Fitness is linked to the level of fitness of a property and is issued by a local council once they feel that the property meets basic fitness standards.

You may appeal a Certificate of Fitness within 21 days.

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How do I apply for a fitness inspection?

A landlord must apply and a tenant may apply to the local council for a fitness inspection if:

• the tenancy began after 1 April 2007,
• the property needs a fitness inspection however most properties in Northern Ireland don't need a Certificate of Fitness,
• the property does not have a Certificate of Fitness.

If you have a protected tenancy, your landlord may be able to apply for a fitness inspection to get the rent level increased. This applies even if that tenancy began before 1 April 2007.

When applying for a fitness inspection, you must complete an application form and send it to the relevant local council. The fees for inspection are:

• £50 for an initial inspection,
• £100 for a re-inspection.

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What is the fitness inspection process?

The local council will carry out a fitness inspection once it is satisfied that the property needs one from the information supplied in the application form.  If the council intends to carry out an inspection it must notify the occupier of the house in writing.  The notification must be received by the occupier at least 24 hours before the inspection is due to be carried out.  The council should also inform the owner of the property of an inspection if this information is known to the council.

The council assesses the property to see if it meets basic fitness standards.

Once the fitness inspection is complete, the local council will either:

• issue a Certificate of Fitness,
• issue a Notice of Refusal of Application for a Certificate of Fitness,
• The Notice of Refusal explains why a Certificate of Fitness is not issued and if relevant, a schedule of works needed to make the property fit.

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What happens if a Notice of Refusal is served?

If a Notice of Refusal is served on the property that property will be subject to rent control. This means that a maximum level of rent payable for that property will apply unless the landlord carries out the necessary repair works as recommended in the notice. The tenancy will be referred to as a rent controlled tenancy.

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What happens if a Certificate of Fitness is granted?

If a Certificate of Fitness is granted this means that the property is fit and the landlord can charge whatever level of rent they wish - there will be no rent control.

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