This section outlines the procedures to be followed by landlords in respect of property found in a dwelling house held under a secure tenancy which appears to have been abandoned.
Under Article 41 (1) of the Housing (Northern Ireland) Order 1983 a landlord (i.e. the Northern Ireland Housing Executive or a Registered Housing Association) can enter a dwelling-house let under a secure tenancy for the purpose of making it, and any fittings, fixtures or furniture, safe in circumstances where it has reasonable grounds for believing that the dwelling-house is unoccupied and the tenant does not wish to occupy it as his/ her home.
Notice to be served by a landlord where a dwelling-house held under a secure tenancy appears to have been abandoned.
If the landlord then wishes to take possession of the dwelling-house it must serve a notice under Article 41 (3) in the form prescribed in the Secure Tenancies (Abandoned Dwelling House Notice) Regulations (Northern Ireland) 1983. This notice forms part of the procedure laid down in Article 41 whereby a landlord can, in the circumstances outlined above, recover possession of a dwelling-house let under a secure tenancy without the necessity for an order of the court which is required in all other cases before a secure tenancy can be terminated.
It should be noted that a notice under Article 41 (3) can only be served in circumstances where the above conditions have been met, i.e., the landlord has (a) entered and (b) wishes to take possession of the dwelling-house. These are conditions precedent to the service of a notice under Article 41 (3) and the Department considers that a secure tenant should be made aware of them at the time he receives the notice.
Associations are asked therefore to ensure that where they wish to serve a notice under Article 41 (3) it is accompanied by an explanatory note so that a secure tenant will be aware of action already taken and all the circumstances where the service of an Article 41 (3) notice becomes necessary.
For more information see:
Explanatory Note
Prescribed form of Notice to be served
Procedures to be followed by landlords in respect of property found in a dwelling house held under a secure tenancy which appears to have been abandoned.
The Secure Tenancies (Abandoned Property) Order (Northern Ireland) 1995 (“the Abandoned Property Order”) prescribes the procedures to be followed by landlords in respect of property found in a dwelling house which has been repossessed under Article 41 of the Housing (Northern Ireland) Order 1983.
The main points of the Abandoned Property Order are as follows:
- a tenant should be advised that if property found in the dwelling house is not collected within a specified time it may be disposed of
- property of a value sufficient to cover the cost of storage shall be stored for 6 months and may thereafter be sold
- property of a value insufficient to cover the cost of storage may be disposed of in the most expedient manner
- the landlord shall, on receipt of payment of his expenses, surrender any property to which the Abandoned Property Order applies to any person appearing to be entitled to delivery of the property
- nothing in paragraphs a) to d) above (Articles 2 to 5 of the Abandoned Property Order) shall prejudice the exercise of any powers by persons under any enactments relating to public health or public safety
- the landlord may deduct expenses incurred in complying with the Abandoned Property Order and the amount of any arrears of rent from the proceeds of sale of any property
- landlords shall maintain for 5 years in a register, open to public inspection, information as to property found in dwelling houses to which the Abandoned Property Order applies