This article by Claire Moss of Housing Rights Service looks at the impact of the Private Tenancies Order one year on.

The Private Tenancies (NI) Order 2006 (PTO), was the first major piece of legislation on the private rented sector in Northern Ireland since the Rent (NI) Order in 1978.

The objective

The Department for Social Development (DSD) states that, 'the new system (PTO) rewards the efforts of landlords who wish to provide good quality housing for their tenants and remove restrictions which would hamper the development of good quality privately rented housing.'{footnote}www.dsdni.gov.uk/housing/private_rented_sector.htm{/footnote}

The Order aims to do this by tackling unfitness through a system of enforce-ment and rent control and placing additional requirements on landlords to provide tenants with certain information about their tenancy. Default tenancy terms and repairs for tenants were also introduced.

The reality

One year on from the introduction of the PTO, Housing Rights Service is still receiving the same level of queries about the private rented sector as it did prior to 1 April 2007. Queries about the PTO represent one in four of all queries we receive. What’s more, in key areas that were covered by the order, such as rent books and repairs, the volume of queries we receive has increased.

PTO put district councils at the forefront of implementing the new order. However, an Assembly question tabled in March 2008 indicated that the level of enforcement action taken by councils against private landlords under PTO has been negligible. In fact, one year on, sixteen of the 26 councils in Northern Ireland have taken no enforcement action at all. Our experience plainly suggests a disparity between the number of private rented sector tenants experiencing difficulty and the level of enforcement action figures.

Under the PTO, there is a requirement for properties constructed before 6 November 1956 to have a fitness inspection carried out by the local council to ensure they are fit to live in. In 2006 there were 80,000 dwellings in the Private Rented Sector.{footnote}Northern Ireland Housing Executive 'Northern Ireland Housing Market-Review and Perspectives 2008-11'{/footnote} However, between April 2007 and February 2008 only 903 certificates of fitness were applied for. Again, there seems to be little correlation between the volume of applications for fitness certificates and the number of dwellings that are in the sector.

Why is this pattern emerging?

Whilst the PTO was constructed with the best of intentions, it could be argued that it simply did not go far enough. A number of issues were not addressed, including:

• Poor management practices: On a daily basis, our clients confirm that letting agents and landlords do not adhere to basic tenants rights , such as the provision of a rent book and statement of tenancy terms (introduced under the PTO) and due process of law.
• The fitness standard used for assessing properties In deter-mining whether a dwelling house is fit for human habitation, district councils use the fitness standard detailed in the Housing (NI) Order 1981, as amended by the Housing (NI) Order 1992. It is a very basic standard. For example, a suitably located thirteen amp plug socket in a room is considered sufficient to meet the 'adequate provision for heating'{footnote}Guide to the Private Tenancies (NI) Order 2006{/footnote} requirements. What this amounts to is 21st century legislation ensuring compliance with 20th century stan-dards which fall well below what is considered by government to be the minimum standard ie the Decent Homes Standard.
  

Looking to the future

Moving forward, how do we progress from the current situation to making the private rented sector the viable tenure of choice that it has the potential to be? Housing Rights Service believes that the answer lies with more regulation. This is already in place in other jurisdictions through registration and accreditation schemes.

DSD has confirmed that, as part of its commitment to the private rented sec-tor, it intends to develop a new strategic framework for the support, promotion and management of the sector. An im-portant step in this process will be a review of the PTO which is currently getting underway.

We welcome any new initiatives/legislation that improves the rights of our clients. Through our policy work, we will continue to work for improvements in the management standards and physical standards of private rented sector properties by campaigning for:

• mandatory registration for all private landlords;
• recourse to an accessible landlord and tenant dispute resolution service;
• tenancy deposit protection; and
• provision of information and training for private landlords

In October, Housing Rights Service will be holding a conference considering the future of the private rented sector. If you are interested in attending please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it .