000 02229cab a2200253 4500
001 L129321
008 050412n2005 000 0 eng u
035 _a(Sirsi) u129321
041 _aeng
100 _aBolton King, Peter
245 _aHigh court judge rejects poorly drafted regulations
260 _c2005
490 _aEstate Agent
_vApril 2005, 9(1)
520 _aReports on the judicial review held in the HC in respect of the compatibility of the European Convention of Human Rights with (1) the Housing (Northern Ireland) Order 1992 Art 75 G (as effected by Art 144) and the Housing (Northern Ireland) Order 2003 Sched 3 and (2) the statutory registration scheme for houses in multiple occupation (HMOs) made under the Housing (Northern Ireland) Order 2003. The judgment - significant if similar legislation is proposed in the rest of the UK - sets out government obligations when setting regulations, particularly when they are supported by criminal sanctions. Furthermore regulations need to be sufficiently clear that any reasonable landlord can fully understand the consequences of any breach of the regulations that he is responsible for. Landlords are also released from any third party duties to control tenants' anti-social behaviour and any special provisions placed on landlords in respect of HMOs must be proportionate and fair. The review makes clear that Art 1 Protocol 1 of the Convention applies equally in the rest of the UK.
590 _aIKA290405
650 _aEUROPEAN CONVENTION ON HUMAN RIGHTS BILL
650 _aHOUSING (NORTHERN IRELAND) ORDER 1992
650 _aHOUSING (NORTHERN IRELAND) ORDER 2003
690 _aLandlord and tenant
_96252
856 _uhttps://www.courtsni.gov.uk/NR/rdonlyres/46DBD3E4-2505-4C1F-B84E-09F72E1F8F51/0/j_j_GIRC5216.htm
_zView the judgment free of charge at www.courtsni.gov.uk...
856 _uhttps://www.northernireland-legislation.hmso.gov.uk/si/si1992/Uksi_19921725_en_1.htm
_zView the 1992 Order free of charge at www.northernireland-legislation.gov.uk...
856 _uhttps://www.northernireland-legislation.hmso.gov.uk/si/si2003/20030412.htm
_zView the 2003 Order free of charge at www.northernireland-legislation.gov.uk...
942 _n0
999 _c75065
_d75065