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When everyone has a home

Housing advice for Northern Ireland

Protected tenancies

It is much more difficult to gain vacant possession of a protected tenancy than it is an uncontrolled tenancy. This is because the tenant has greater rights to stay in the property and can only be evicted on certain grounds.

The Rent Officer, rather than individual landlords, sets all rents for protected tenancies. If a landlord wishes to increase the amount of rent which can be legally charged on this type of tenancy, s/he must request a Rent Determination from the Rent Officer.

There are a list of criteria that a tenancy must satisfy in order to be protected. The first of these is that the tenancy must have existed before 1 April 2007. No new protected tenancies can be created after this date, but the Rent Officer may still declare that tenancies which were in place before April 2007 are protected by law.

While protected tenants have many of the same rights as other private tenants, they also have a number of additional rights. These are a right to succession and greater protection from possession action.

There are a list of criteria that a tenancy must satisfy in order to be protected. The first of these is that the tenancy must have existed before 1 April 2007. No new protected tenancies can be created after this date, but the Rent Officer may still declare that tenancies which were in place before April 2007 are protected by law.

Your landlord must be very careful when trying to evict your from a protected tenancy. Unless the landlord can prove that certain criteria apply to your tenancy, any eviction could be illegal.

The Rent Officer, rather than individual landlords, sets all rents for protected tenancies. If a landlord wishes to increase the amount of rent which can be legally charged on this type of tenancy, s/he must request a Rent Determination from the Rent Officer.

Your landlord may have a mortgage or secured loan on the property you are living in. If the landlord falls into arrears on these loans, your home could be at risk. You may have limited rights to stay in the property on a short term basis, but it is unlikely you will be able to stay there long term.

While protected tenants have many of the same rights as other private tenants, they also have a number of additional rights. These are a right to succession and greater protection from possession action.

It is much more difficult to gain vacant possession of a protected tenancy than it is an uncontrolled tenancy. This is because the tenant has greater rights to stay in the property and can only be evicted on certain grounds.

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