Protected tenancies

Protected tenants have more rights than other private tenants. Protected tenants usually have lower rents than other tenants. It can be complicated to work out if you have a protected tenancy.

What is a protected tenancy?

Protected tenancies are not common in Northern Ireland. Protected tenants have more rights than other tenancies. If you have a protected tenancy:

you may be able to pass the tenancy on to your spouse, partner or a family member who has been living with you for at least six months,
your landlord can usually only evict you because of special legal reasons,
your landlord will usually have to carry out certain repairs,
your landlord can only charge a certain amount of rent.

How can I tell if I have a protected tenancy?

You will probably have a protected tenancy if:

your accommodation was built (or converted to let) before 1956,
your accommodation had a Net Annual Valuation of less than £140 on 1 October 1978,
there was someone renting your accommodation on 1 October 1978.

You can find out the Net Annual Valuation of the property in 1978 by contacting Land & Property Services.

Working out if you have a protected tenancy can be complicated. One way to discover if your property is subject to a protected tenancy is to check the Rent Register. Get specialist advice if you think that you may have a protected tenancy.

If I have a protected tenancy, does the landlord have to have a fitness inspection carried out on the property?

There is no requirement for your landlord to have a fitness inspection carried out.

However, if your landlord wishes to raise the rent level , then the landlord must request a fitness inspection. Even if the property passes the inspection from the local council the rent will still be controlled by law.

When does a protected tenancy end?

A protected tenancy will usually cease to be protected if:

there is no tenant living in the property,
the landlord is renting the property as furnished,
the line of tenancy succession ends,
If any of these conditions are met and a new tenancy begins after 1 April 2007, the landlord must apply to have a fitness inspection carried out by the local council. If a certificate of fitness is issued, there is no rent control and the landlord is free to charge any level of rent.

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.