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2003 No. 411
HOUSING
Secure Tenancies (Notice) (Amendment) Regulations (Northern Ireland) 2003
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Made |
15th September 2003 | |
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Coming into operation |
1st November 2003 | |
The Department for Social Development[1], in exercise of the powers conferred by Articles 28(2)(a) and 106(1) of the Housing (Northern Ireland) Order 1983[2], and now exercisable by it[3], and of every other power enabling it in that behalf, hereby makes the following Regulations:
Citation and commencement
1.
These Regulations may be cited as the Secure Tenancies (Notice) (Amendment) Regulations (Northern Ireland) 2003 and shall come into operation on 1st November 2003.
Amendment to the notice
2.
In the notice in the Schedule to the Secure Tenancies (Notice) Regulations (Northern Ireland) 1983[4], for paragraph (5) substitute -
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"Cross out this paragraph if possession is being sought on ground 2 of Schedule 3 to the Housing (Northern Ireland) Order 1983 (whether or not possession is also sought on another ground). |
5.
The Court proceedings will not be begun until after
[give the date after which Court proceedings can be brought]
Court proceedings cannot be begun until after this date, which cannot be earlier than the date when your tenancy or licence could have been brought to an end. This means that if you have a weekly or fortnightly tenancy, there should be at least 4 weeks between the date this Notice is given and the date in this paragraph.
After this date, Court proceedings may be begun at once or at any time during the following twelve months. Once the twelve months are up this Notice will lapse and a new Notice must be served before possession can be sought.
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Cross out this paragraph if possession is not being sought on ground 2 of Schedule 3 to the Housing (Northern Ireland) Order 1983. |
5.
Court proceedings for possession of the dwelling-house may be begun immediately. The date by which the tenant is to give up possession of the dwelling-house is
[give the date by which the tenant is to give up possession of the dwelling-house]
Court proceedings may be begun at once or at any time during the following twelve months. Once the twelve months are up this Notice will lapse and a new notice must be served before possession can be sought.
Possession of your dwelling-house cannot be obtained until after this date, which cannot be earlier than the date when your tenancy or licence could have been brought to an end. This means that if you have a weekly or fortnightly tenancy, there should be at least 4 weeks between the date inserted above and the date possession is ordered."
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Sealed with the Official Seal of the Department for Social Development on
15th September 2003.
L.S.
D. M. Crothers
A senior officer of the Department for Social Development
EXPLANATORY NOTE
(This note is not part of the Regulations.)
These Regulations amend the prescribed form of notice which has to be served on a secure tenant under the Housing (Northern Ireland) Order 1983 before the court can entertain proceedings for possession of a dwelling-house let under a secure tenancy or for the termination of a secure tenancy, unless the court considers it just and equitable to dispense with the requirement for such a notice.
The amendment is in consequence of Articles 28 and 28A being substituted for Articles 28 of the Housing (Northern Ireland) Order 1983 by the Housing (Northern Ireland) Order 2003.
Notes:
[1]
S.I. 1999/283 (N.I. 1) Article 3(1)back
[2]
S.I. 1983/1118 (N.I. 15), Article 28 was substituted by Article 25 of S.I. 2003/412 (N.I. 2)back
[3]
S.R. 1999 No. 481; Article 6(e) and Schedule 4 Part Vback
[4]
S.R. 1983 No. 285back
ISBN
0 33795222 1
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© Crown copyright 2003 |
Prepared
25 September 2003
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URL: http://www.bailii.org/nie/legis/num_reg/2003/20030411.html
