Section 1 & 2 of Private Tenancies (Northern Ireland) Act 2022
This guidance has been produced to clarify how and when a landlord needs to provide a Tenancy Information Notice or a Notice of Variation.
Section 1 - Tenant to be given notice regarding certain matters
Tenancy Information Notice
The landlord must provide a Tenancy Information Notice to the tenant within 28 days of granting the tenancy and it must be free of charge.
A tenancy information notice is an important document which provides the landlord and tenant with information on their respective rights and responsibilities. It can help to minimise disputes, as information, such as, the rent payable, deposit details, duration of tenancy, responsibility for repairs and notice of termination are given in writing. The notice also provides tenants with the landlord’s (and, if appropriate, agent’s) contact information.
A tenancy information notice template that the landlord/agent must complete is available.
Notice of variation
Landlord’s Notice Relating to the Variation of a Private Tenancy (Notice of Variation), must be provided to the tenant by the landlord/agent if there is any change to the information contained in the original tenancy information notice.
The landlord/agent must provide a notice of variation free of charge, within 28 days of any changes. The new notice must contain the address of the dwelling house, the provision to be varied and the new provision. For example, if there is a new landlord contact number.
A notice of variation template is available.
Section 2 - Tenant to be given notice regarding certain past matters
For any tenants who would have received notices under previous Article 4 of the 2006 Order, but did not do so because of its accidental removal from the legislation, and who are still in a private tenancy on 1 April 2023, their landlord must provide them with a free notice regarding past matters and any variation.
However, where a landlord has, between the granting of the tenancy and 1 April 2023, provided the tenant a notice that substantially meets the requirements of Sub paragraph 2 of Schedule 1, that landlord has complied with the legislation.
Offences
It is an offence for any landlord who fails to give a tenant the required Tenancy Information Notice or Notice of Variation within the required 28-days.
If the landlord is convicted of an offence, the council can issue a fixed penalty notice, not exceeding £500. If the landlord is convicted by a court the penalty will be a fine not exceeding level 4 on the standard scale (currently £2,500).
If a landlord continues to fail to provide either notice for more than 14 days after conviction, they are deemed to have committed a further offense.
If you require information in an alternative language, the flyer is provided on the link below.