News from the Residential Property Investor, the bi-monthly magazine for RLA members other artilces from the May / June 2005 issue RPI news archive

Landlords relieved by landmark ruling - May / June 2005

LANDLORDS IN Northern Ireland will not have to take responsibility for the antisocial behaviour of their tenants and their tenants’ visitors, following a landmark ruling in Belfast High Court.

The ruling, by Mr Justice Girvan, said that the law had not properly taken account of landlords’ human rights.

It followed a judicial review of a law introduced by the Northern Ireland Housing Executive in 2003.

A number of national organisations, including the Association of Residential Letting Agents, the National Association of Estate Agents and the Royal Institution of Chartered Surveyors, had backed the review.

They did so because of fears that a similar law would be introduced in England and Wales later this year, with catastrophic results for the rental sector. The new Housing Act already makes reference to landlords’ responsibilities for the behaviour of their tenants.

Peter Bolton King, chief executive of the National Association of Estate Agents, said that if a similar law was introduced in England and Wales, then similar court action would follow.

“You can’t say that Westminster will necessarily be bound by the decision of the High Court in Belfast, but certainly the ruling is a very helpful precedent should we need to mount another challenge,” he said.

The Northern Ireland Housing Executive had put the responsibility for the behaviour of tenants on landlords as part of a registration scheme for houses in multiple occupation (HMOs).

Crucially, landlords were responsible for their tenants’ behaviour not only in their premises, but were also required to prevent tenants from behaving in a way that would adversely affect “the amenity or character of the area”.

Only private landlords were affected by the requirement, which did not apply to the Northern Ireland Housing Executive, which is responsible for social housing in Ireland.

Judge Girvan said in his judgement that the law had been ill-formulated and could have the effect of reducing the number of HMOs available.
 

other artilces from the May / June 2005 issue

• Home truths
• Landlords relieved by landmark ruling
• Homes Direct must abide by law
• RLA BRIEFING
• RLA unveils scheme to recognise top landlord
• Housing Act ‘badly drafted’
• Highlights of a busy year
• Tax