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If you are a landlord or letting agent in Northern Ireland and take a deposit on a private tenancy on or after 1 April 2013, then you are required to protect the deposit within 28 calendar days of receiving it using either an insurance or custodial-based protection scheme.

From 1 April 2023, you must not ask for or retain a deposit that is more than one month's rent.

You must also provide certain information about which Tenancy Deposit Scheme is protecting it and you must serve this on your tenants within 35 calendar days of receiving the deposit - this is called 'Prescribed Information'.

Three organisations have been appointed by the Northern Ireland Executive to administer the scheme and further information can be found on each of their websites:

Guidance for tenants

Tenants can read full details of .

Landlord Registration Scheme

The collects and maintains up-to-date and accurate information on landlords and their properties. All landlords with properties in Northern Ireland must be registered with the scheme. The registration lasts for three years.

Who has to register?

All landlords who let properties under private tenancy in Northern Ireland must register for the Landlord Registration Scheme. You must provide accurate and up-to-date information about yourself and your properties. All joint owners of a property that is let need to register separately.

Renewing your registration

The landlord registration certificate is valid for three years after which you must renew your landlord registration. 

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How much does it cost?

You only pay one fee regardless of the number of properties you own:

• the online registration fee is £70
• the paper/non-electronic based registration fee is £80

Who is exempt from the registration fee?

As a landlord, you are exempt from the registration fee if you have paid to register a house in multiple occupation which is registered under a Houses in Multiple Occupation Registration Scheme.

Penalties

If you do not complete your registration, you will be committing an offence and may be issued with a penalty of between £500 and £2,500.

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Information for landlords who use agents

If someone else looks after the day to day management of your property or if the house is sub-let, you, as the landlord, will still have responsibility for and control of the property. Your property will still have to be registered under the Landlord Registration Scheme.

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If you rent out a property to 3 or more unrelated people who share the bathroom or toilet and kitchen, you must register it as a house in multiple occupation (HMO). An HMO, also known as a house share, must meet certain requirements and be registered with your local council.

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Your responsibilities as a landlord

As a landlord of an HMO, you must:

• ensure the property is not overcrowded
• make sure the property is fit for multiple occupants, ie there is enough cooking space and washing facilities
• provide your local council with all the necessary information about your HMO

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Fees for HMOs

You'll have to pay a fee for registration and for any future renewals. Registration is usually valid for 5 years, after this time you can make a renewal. The cost is based on the number of occupants at the property; the more occupants there are, the higher the fee will be. .

How to register your HMO

You can register your HMO by contacting your local council. . 

Fines and penalties

If you breach any of your agreements with your local council, it may result in a fine, including:

• up to £1,000 for failing to provide the information requested
• up to £5,000 for providing false information
• up to £2,500 if found guilty of overcrowding
• up to £5,000 if someone is living in a part of the property that is deemed unfit for occupation (you'll then be charged up to 10% of the fine every day this continues)

If you want to rent out a property, you may have to apply to your local council for a certificate of fitness. The certificate of fitness shows that a house is suitable for human habitation and allows you to charge rent at market price.

Applying for a certificate of fitness

Contact the Environmental Health Department of your local council to request a fitness inspection. Find local council contact details in Northern Ireland.

A fee of £50 will be charged for the initial inspection. You will have to complete an application form, providing certain information about your property, including when it was built, the number of rooms, and the facilities provided. This fee will not be refunded if it turns out your property does not require a certificate of fitness, so be sure to check your property's particulars against the exemptions above.

The property inspection

The Environmental Health Officer (EHO) who carries out the inspection will assess the property to ensure that it meets the fitness standard and is fit for human habitation. If the property passes the inspection you will receive a certificate of fitness and be free to charge tenants at a market rate.

If your property fails the inspection, you will receive a schedule of work that will bring the property up to standard. Until this work is completed and the property is re-inspected (for a £100 fee), it will become rent-controlled and the Rent Officer for Northern Ireland will restrict how much rent you are allowed to charge.

Who is exempt?

You don't need to apply for a certificate of fitness if:

• the tenancy began before 1 April 2007
• a renovation or houses in multiple occupation (HMO) grant has been paid by the Northern Ireland Housing Executive (NIHE) (this only applies for a period of ten years from the date of the grant)
• the property is registered with NIHE as an HMO, see register a house in multiple occupation
• the property was formerly let under a protected or statutory tenancy where a regulated rent certificate has been issued (this only applies for a period of ten years from the date of issue of the certificate)

Fines and penalties

If you fail to apply for the inspection of a qualifying property within 28 days of a new tenancy being granted, you may be fined up to £2,500.

As a landlord, you are responsible for ensuring the safety of your property. Aside from the general requirements needed for a certificate of fitness for rental properties, you must also meet the following safety requirements.

Electrical safety in rental properties

All mains electrical equipment, new or second-hand, that you supply with the accommodation must be safe and adequate for the needs of your tenant. You must meet the requirements of regulations for supplying electrical equipment. Most equipment with CE marking will satisfy the requirement, as long as they remain in good working order.

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Furniture safety in rental properties

If you are providing furnished accommodation, all furniture you supply must comply with fire safety regulations. Many domestic fires start with soft furnishings and toxic fumes given off when upholstery material burns can be fatal; regulations exist to reduce this risk.

Gas safety in rental properties

If your property has gas heating or any gas appliances, you are legally required to have the boiler and any gas appliances inspected every year.

The inspection must be carried out by a Gas Safe registered engineer. .

has no smell, taste or colour, but it is extremely dangerous and can be fatal. If you install a new or replacement fuel-burning appliance, whether it is gas, coal or oil fired you are legally required to install a carbon monoxide detector in the room where the appliance is located.

Fire alarms in rental properties

If you're building a new property to rent out, or converting a new property you'll have to install fire alarms to comply with building regulations. If your property has three or more non-related tenants (an HMO) you are legally required to install a fire alarm. There is no legal requirement for non-HMO properties, however, landlords should install fire alarms to protect any tenants living there. Failing to install a fire alarm could invalidate your insurance policy. .

As a landlord, there are some rules you must follow and certain obligations you have to your tenants.

Requirements for smoke, heat and carbon monoxide alarms

New regulations were introduced on Thursday 30 May 2024 to set a minimum standard for smoke, heat and carbon monoxide alarms in private rental properties. 

Landlords' responsibilities for alarm units

It is the responsibility of the landlord to:

• install and keep in proper working order sufficient alarms for detecting smoke, heat and carbon monoxide within any property that they rent out to tenants
• repair or replace any alarm that they have been informed of that is faulty
• ensure that any alarm units (smoke, heat & carbon monoxide) that are bought/installed are marked/referenced as being British Standard compliant
• ensure that if any alarms are to be hardwired into the main electrical installation, that work is undertaken by a qualified electrician
• confirm the tenant is satisfied all alarms are in working order on the commencement of any tenancy
• advise tenants that they need to regularly test the alarms according to the manufacturer’s instructions, and to report any faults to the landlord

Read full details on .

Compliance dates

Existing tenancies granted before Sunday 1 September 2024 must comply by Sunday 1 December 2024. New tenancies granted on or after Sunday 1 September 2024 must be compliant on the date the new tenancy is granted.

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Repairs in rental properties

In the day-to-day maintenance of the property, you are responsible for any repairs to the structure of the property and any furnishings or equipment supplied with the property. The tenant is responsible for any repairs to their belongings or damage that is their fault.

Records landlords must keep

You are obliged to keep the following records:

• a gas safety certificate, for any gas appliances on the property
• an Energy Performance Certificate
• information on the tenancy deposit protection scheme you've chosen to protect the tenant's deposit and some prescribed information relating to the deposit
• an inventory

You are advised to keep the following records:

• a copy of the Tenancy Information Notice supplied to your tenant(s)
• copies of any receipts for cash payments made by your tenant(s)

Communication with tenants

If you are planning any action that will impact your tenants, you should inform them in a timely manner. Let your tenants know in advance of any of the following:

• repairs and improvements to the property
• sale of the property/the property being repossessed
• you or anyone else entering the property (normally you will need the tenant's permission)

It is important that your tenants are able to contact you when a problem arises and that you respond within a reasonable time. Even if your property is managed by an agent, you still must give your name, a correspondence address, and telephone to the tenant in the Tenancy Information Notice.

Deposits for private rental properties

If you take a tenancy deposit for a private tenancy on or after 1 April 2013 you are legally obliged to protect this deposit in an approved scheme. If the deposit was taken before 1 April 2013 it does not need to be placed in a protection scheme, but you should keep it in a separate account, have clear records about when you received the deposit, and give your tenants a receipt. Read more about the Tenancy Deposit Scheme.

From 1 April 2023, you cannot ask for or retain a tenancy deposit of more than one month's rent. See further information on .