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Most tenants in Northern Ireland fall under this category. These tenants usually have fewer rights than protected tenants . Your rent will usually be higher. Your tenancy agreement should outline your rights and responsibilities.
How can I tell if I have this type of tenancy?
You will probably have this type of tenancy if:
- your accommodation was built (or converted to let) after 1956,
- it is not a protected tenancy,
- your accommodation has a certificate of fitness.
Get specialist advice if you think that you may have a protected tenancy.
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What rights do I have?
These types of tenants have a number of basic rights such as:
- right to a rent book - free of charge and within 28 days of the tenancy being granted if your tenancy began after 1 April 2007,
- freedom from harassment and illegal eviction,
- 4, 8 or 12 weeks' notice to quit, depending on how long you've lived in the property,
- due process of law.
Your tenancy agreement should outline the rest of your rights and responsibilities. For example:
- how long the tenancy will last - if the tenancy started on or after 1 April 2007 and its length is not stated in the agreement, a term of six months applies to that tenancy,
- how much rent is due,
- when you should pay rent,
- who is responsible for repairs - for tenancies that began after 1 April 2007 if the agreement doesn't state responsibilities clearly (or if there is no tenancy agreement) certain duties of repair shall apply,
- whether you can leave the tenancy before the end of the tenancy agreement,
- If your tenancy began after 1 April 2007, you must be provided with a written statement of tenancy terms within 28 days of the commencement of your tenancy. This should be supplied to you free of charge.
- The contents of the statement allow for default tenancy terms to be enforced in the absence of a tenancy agreement. It is an offence for a landlord not to provide a statement of tenancy terms in these circumstances.
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Safety
Your home should be safe to live in. There are legal safety guidelines that your landlord must follow.
If your tenancy starts after 1 April 2007 and your property needs a fitness inspection, your landlord must apply to the local district council to have a fitness inspection carried out on the property within 28 days of the tenancy commencement. Most properties in Northern Ireland do not need to have a fitness inspection.
Who decides if the property is furnished
There are no legal guidelines about when a property is furnished. However, you should assume that a furnished property will include furniture and furnishings to allow you to cook, eat, sleep and wash. For example:
- kitchen: cooker, sink with hot and cold running water, work surfaces, storage,
- living room: curtains, floor covering (also tiles or polished wooden floors), heating and chairs,
- bedrooms: curtains, floor covering (also tiles or polished wooden floors), beds, mattresses, storage for clothes.
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