Legislation, which could have turned thousands of Northern Ireland's landlords into a secondary police force, was overturned in the High Court on Friday last week (11^th March 2005).

The Houses in Multiple Occupation (HMO) legislation, which was introduced by the Northern Ireland Housing Executive last year, made landlords of HMOs – houses comprising tenants who do not make up a single household - accountable for the behaviour of tenants and their guests, not only within the landlord’s property, but also in the public street.

The legislation was overturned following a judicial review brought by local landlords and chartered surveyors who were backed by the Royal Institution of Chartered Surveyors (RICS), the National Association of Estate Agents, the Association of Residential Letting Agents and the National Federation of Residential Landlords.

One of the litigants, chartered surveyor Gordon Jackson, says that the result is a significant one for landlords in Northern Ireland. This should also have ramifications for the rest of the UK and ensure similar proposals are not introduced again.

"This legislation made the landlords of houses in multiple occupation – normally student accommodation – accountable for the behaviour of tenants and their guests, not only within the boundaries of the landlord’s property, but also in the public street," he says.

"This was an extremely unfair situation which would have been completely unworkable.

"The HMO legislation would probably have resulted in many private landlords across Northern Ireland being forced out of business because of the anti-social behaviour of one of their tenants or tenant’s guests in the public street," he says.

"This legislation made it compulsory to apply for a licence from the Housing Executive in order to be a landlord, with the possibility that the licence would be revoked with the possibility of a criminal conviction due to anti-social behaviour of tenants or their guests if they misbehaved out in the public street.

"The measure would have not only forced those who manage HMOs out of the market and prevented many from entering the market, it would also have had a very negative effect on property values. We believe it would also have had a detrimental impact on the available housing stock which wouldn’t have been good for the economy," he says.

"So this is an extremely significant ruling for landlords, which has ramifications for the wider economy and society," he says.

The HMO sector is primarily made up of flats rented to students and young professionals.