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This document can be used to create a Private Tenancy between a landlord and a tenant for properties in Northern Ireland. A private tenancy is where the property is owned by a private individual (e.g. a person or a business) and not by a public body. This agreement can create tenancies which shall run on a monthly basis until notice is given by either party or it can be for a fixed period of time. It provides for multiple tenants and joint landlords.
Among other things, this agreement provides the opportunity to specify:
In using this agreement a tenant will be entitled to at least 4 weeks notice by law and shall also need to provide the landlord with 4 weeks notice before this agreement can be terminated between the parties. It should be noted that landlords who use this document should first register with the Landlord Registration Scheme. Where the landlord requires the tenant to pay a deposit, this should be lodged with a Tenancy Deposit Scheme and the tenant should be informed of which scheme the landlord has used. This document also provides a Rent Book which can be provided to the tenant by the landlord and allows the tenant to keep a record of when and how much rent has been paid.
How this document should be used
Both parties should read the agreement carefully and thoroughly before signing and where any term or condition of this agreement is not understood, the advice of a solicitor should be sought. Where a party is not prepared to agree to any term or condition contained within this agreement they should refrain from signing.
Where both parties have read and understood the agreement in its entirety they should sign and date the agreement in the presence of a witness who should also sign and date the agreement. Each party should sign and date two copies of the agreement with one copy being kept by them and the other copy being provided to the opposite party. Where the landlord is a company or partnership, the agreement should be signed by an authorised representative.
It is recommended that the landlord should also provide and accurately fill in an Inventory and of Record of Condition and attach it to this agreement. This should detail all the furniture included in the property which will be used by the tenant and the condition such furniture is in before the tenant becomes resident in the property. Both the landlord and the tenant should then sign and date the inventory where it is agreed it is accurate.
In order to comply with General Data Protection Regulations (GDPR) obligations, a landlord should issue a tenant with a privacy notice that informs tenants of their rights.
The Housing (Amendment) Act (Northern Ireland) 2011
The Private Tenancies (Northern Ireland) Order 2006
The Rent Book Regulations (Northern Ireland) 2007
The Tenancy Deposit Schemes Regulations (Northern Ireland) 2012
General Data Protection Regulations 2016
Data Protection Act 2018
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