Northern Ireland
Contents
This guidance applies to all residential tenancies created since 1 April 2007. There's only one type of tenancy you can set up, and it covers furnished and unfurnished lettings.
You can charge a market-based rent. But in certain circumstances, the tenancy can become a rent-controlled tenancy.
Fixed term and periodic tenancies
You and the tenant agree how long the tenancy will run for before the tenancy agreement is signed. You can set up the tenancy as:
- Fixed term, meaning that it runs for a specified period that is defined at the start of the tenancy (for example, 12 months)
- Periodic, meaning that it runs from one rental period to the next (such as month to month or quarter to quarter)
A tenancy that's a periodic tenancy by agreement with the tenant is called a contractual periodic tenancy.
If you start with a fixed-term tenancy and allow the tenant to stay in the property without a new agreement at the end of the fixed term, the tenancy will automatically become what's called a statutory periodic tenancy.
Right to possession
Fixed-term tenancies
You can't seek possession during the fixed term of a fixed-term tenancy, unless a clause in the tenancy agreement allows it to end earlier (e.g. it contains a 'break clause'). If the tenant refuses to leave when the fixed term ends, you'll have to follow a specified procedure to regain possession – see Overview – Recovering possession in NI.
The Private Tenancies Act (Northern Ireland) 2022 changed the notice periods that landlords and tenants must give each other.
The tenant can give you a written notice to quit at any point during the fixed term. You should be given 4 weeks' notice if they've rented the property for less than 10 years, or 12 weeks' notice if they've rented the property for more than 10 years.
Usually, the tenant will still have to pay the rent until the end of the fixed term unless the tenancy agreement contains a break clause allowing it to be ended early.
Periodic tenancies
A periodic tenancy must run for a minimum period of 6 months. If you want to regain possession of the property, you can serve a notice on the tenant to quit the property giving a minimum amount of notice, based on how long they have rented the property from you. Subject to the minimum 6-month period, you must give at least:
- 4 weeks' notice if they've rented the property for less than 1 year
- 8 weeks' notice if they've rented the property for between 1 and 10 years
- 12 weeks' notice if they've rented the property for more than 10 years
If the tenant doesn't leave by the date specified in the notice to quit, you'll have to follow a specified procedure to regain possession of the property – see Overview – Recovering possession in NI.
As long as the tenancy hasn't been running for over 5 years, the tenant can serve you with a notice to quit the property at any point during the tenancy. You should be given 4 weeks' notice if they've rented the property for less than 10 years, or 12 weeks' notice if they've rented the property for more than 10 years.