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The law gives you certain basic rights depending on what sort of tenancy you have. Your tenancy agreement may give you more rights than these basic legal rights. Protected tenants may have more rights than other tenants.
Basic rights of all tenants
All tenants have basic rights. A tenancy agreement can't take away these rights. If your landlord tries to take away these rights it will be illegal.
Right to a rent book
You are entitled to a rent book. The rent book should tell you:
- the landlord's address and name,
- the amount of rent,
- if you have to pay rates and how much rates you pay,
- when you have to pay rent.
Freedom from harassment and illegal eviction
Harassment includes any action designed to stop you carrying out one of your rights as a tenant. Harassment can include your landlord:
- stopping the electricity supply
- entering the premises without your permission (apart from in an emergency),
- carrying out acts of violence.
Illegal eviction includes any attempt to make you leave your home when the correct legal procedure has not been carried out.
Harassment and illegal eviction are both criminal offences. Anyone found guilty of harassment or illegal eviction can be imprisoned or fined.
Appropriate notice to quit
Your landlord should give you at least 28 days' notice to quit the accommodation. The landlord has to give you this notice in written form. If you are planning to leave the accommodation you should also notify the landlord in writing either 4, 8 or 12 weeks in advance of the date you intend to leave. The length of notice that is required in these circumstances depends on how long you have been living in the property.
Get advice if your landlord has given you less than the amount of notice he or she is legally required to provide. Your landlord may be carrying out an illegal eviction.
Due process of law
Your landlord must follow the correct legal procedure before evicting you. Your landlord cannot force you to leave the property unless they:
- get a court order,
- get the Enforcement of Judgements Office to enforce the order.
Your landlord can't change the locks or remove your possessions without giving you the appropriate amount of notice and getting a court order. A court may make an order for costs against you if you refuse to move after the notice to quit term has ended.
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Additional rights for some tenants
Since 1 April 2007, some tenants will have some extra basic rights as well as those above.
Tenancy statement
If your tenancy began on or after 1 April 2007 you are entitled to a tenancy statement. This should be provided to you as well as your rent book and tenancy agreement. The details of the tenancy statement should set out clearly the rights and responsibilities of your landlord and you.
Basic tenancy term
If your tenancy began on or after 1 April 2007 and you have no tenancy agreement or if there is no end date specified in your agreement, you are entitled to have a basic tenancy term of six months.
Basic repairing obligations
If your tenancy began on or after 1 April 2007 and you have no tenancy agreement or repairing obligations are not clearly specified in your tenancy agreement, you have a right to certain repairs .
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Rights from a tenancy agreement
Your tenancy agreement may give you extra rights about:
Check the terms of the tenancy agreement carefully before you sign it.
I don't have a tenancy agreement
If you don't have a tenancy agreement you have basic tenant's rights. Your landlord will usually be able to end your tenancy by giving you 4 weeks' notice.
If your tenancy begins on or after 1 April 2007 and you do not have a tenancy agreement your tenancy will last for six months. After these six months and if there is no subsequent agreement the tenancy will be known as a periodic tenancy in that it runs from month to month. This does not apply to protected tenancies .
Also, certain repairing obligations will apply where there is no tenancy agreement or it is unclear who is responsible for what repairs within the agreement.
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Safety issues
Your landlord must ensure that your accommodation is suitable when you move in. Landlords must have a valid gas safety record check from a registered gas engineer for each appliance in your accommodation. Furniture provided by your landlord should be fire resistant.
If you share your accommodation with people who aren't family members your landlord might have extra obligations to provide:
- adequate means of escape from fire,
- fire precautions (such as fire extinguishers and fire blankets).
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Energy Performance Certificate
An Energy Performance Certificate (EPC) provides information to a tenant about energy efficiency in a property.
If your tenancy in a private rented house or flat began after 30 December 2008, your landlord must show you an Energy Performance Certificate for your accommodation.
This certificate demonstrates energy efficiency in your accommodation and gives A-G rates. An A rating shows high energy efficiency and a G rating shows poor energy efficiency. You can expect high fuel costs in a property with a G rating for energy efficiency.
The landlord needs to appoint an accredited energy assessor who assesses energy efficiency and issues the certificate. The energy assessor will also give a report on how to improve energy efficiency and how a higher energy efficiency rating might be achieved.
If your landlord does not supply an EPC, contact a building control officer in Belfast City Council. Building Control in Belfast City Council is responsible for investigating an initial complaint about an Energy Performance Certificate.
An Energy Performance Certificate is valid for ten years. Find out more about Energy Performance Certificates.
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Repairs
Your landlord will usually be responsible for keeping the structure and outside of the accommodation in good condition and free from disrepair. Your landlord must also keep the equipment for the supply of water, gas, and electricity in good repair.
You will usually be responsible for:
- decoration,
- day-to-day maintenance.
If your accommodation is furnished you are responsible for keeping the furniture in good condition (allowing for normal wear and tear). If furniture or equipment breaks or wears out your landlord may have to replace it. This depends on the reason it needs to be replaced and what it says in your tenancy agreement.
If you don't have a tenancy agreement or if repairing obligations are not clear in that agreement, certain repairing obligations may apply.
You may be able to ask the  Environmental Health Department of your local council to inspect the property. The environmental health department may issue one of three types of notice:
- public health notice,
- notice of unfitness,
- notice of disrepair.
If your landlord doesn't carry out the repairs the council can take the landlord to court to force her/him to carry out the repairs.
You can also take your landlord to court if s/he has not carried out repairs mentioned in your tenancy agreement. You can only take court action if you have told your landlord about the repairs. If you go to court you may be able to:
- force your landlord to carry out repairs,
- get money from your landlord.
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I have a protected tenancy
Protected tenants have additional rights.
Right of succession
Protected tenants can pass their tenancy on to a spouse or family member who has lived with them for at least the previous six months. The property can only be passed on once.
A family member can only succeed if there is no spouse or civil partner and they were living with the deceased at the time of, and at least six months prior to the time of their death.
Security of tenure
A protected tenant can only be evicted if the tenant falls into one of the grounds for possession. The landlord must get a court order before evicting the tenant.
Right to repairs
Protected tenants may be able to get their landlord to carry out more repairs if the tenancy agreement doesn't state who is responsible for repairs. You may be able to request a fitness inspection to be carried out by your local council.
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