Private Tenancies Act (Northern Ireland) 2022

Landlords will be required to provide tenants with a new Tenancy Information Notice within 28 days starting on the day in which the tenancy is granted. If there are any changes to the information contained in the original information notice, the landlord must provide the tenant with a Notice of Variation that details any changes.

In order to do this, the Department for Communities has introduced two new forms that all essential or changes to tenancy information must be issued in

• Landlord’s Notice relating to the granting of a private tenancy (Tenancy Information Notice).
• Landlord’s Notice relating to the variation of a private tenancy (Notice of Variation).

For existing tenants who started their tenancy between 30 June 2011 and 30 March 2023, their landlord must provide them with a free notice regarding past matters and any variations.

If a tenant pays in cash for any payment relating to the tenancy, they will be required to receive a receipt of payment. This must be provided free of charge and provided as soon as reasonably possible if not at the time of the payment.

From 1 April 2023, agents and landlords are no longer able to request deposits larger than one month’s rent. This includes instances when a new tenancy has been issued to a tenant but the deposit remains with the same landlord or agent from the original tenancy. In these cases, any amount of the deposit larger than one month’s rent has to be repaid to the tenant unless they consent for it to be kept the same.

Under current regulations, deposits must be protected by an approved deposit scheme. The Private Tenancies Act (Northern Ireland) 2022 makes the following changes:

• The time limit to protect a tenancy deposit has increased from 14 days to 28 days
• A landlord now has extra time to notify a tenant of where the deposit is protected, from 28 days to 35 days

Previously agents and landlords could not be prosecuted for failing to protect a tenancy deposit with an approved tenancy deposit scheme or providing the required information within the designated time after six months. The Private Tenancies Act (Northern Ireland) 2022 ensures that an agent or landlord will continue to commit an offence throughout any period in which this failure continues, even after six months.

Still to be legislated

The Department for Communities has a duty to research, consult and report on a rent freeze or cut for up to four years. The Department also has the power to limit rent increases to once every 12 months, should they think it’s necessary.

A report was published in October 2022 which ultimately recommended against rent freezes. This may lead the Department to disregard rent freezes however they may still implement a limited freeze. The details on, if any, rent freeze and limitation on rent increases is currently being consulted on.

Still to be legislated

The Department for Communities is consulting on requirements relating to fire, smoke and carbon monoxide alarms. We anticipate these regulations to include the location, quantity and standard of alarms fitted.

Still to be legislated

The Department for Communities will be consulting on regulations concerning the energy efficiency of dwellings let under a private tenancy. There is currently no timeline for when legislation will be released for consultation

Still to be legislated

The Department for Communities is consulting on regulations that set electrical safety standards within private rented housing. The regulations will consider the recognised certification process and the definition of who can be considered “qualified” to certify properties. 

Still to be legislated

The Department will establish certain exceptions to notice to quit periods, such as tenants being in rent arrears. A research paper into the possible exceptions and notice to quit periods will be developed which the regulations will be based on.

These regulations must be laid before the Northern Ireland Assembly before 27 April 2024.

Still to be legislated

The Department will establish requirements to give tenants a choice of payment methods for rent and other payments during a tenancy. A report is expected to be published by October 2023 which the regulations will be based on.