Residential Tenancies Act 2004

Statutory protection — “Part 4 tenancy” — after 6 months occupation.

28

28.F85[(1) Where a person has been in occupation of a dwelling under a tenancy for a continuous period of 6 months and the condition specified in subsection (3) is satisfied, that tenancy shall, subject to Chapter 3, continue in existence for a period of unlimited duration from the date on which the first-mentioned period expires.]

(2) F86[]

(3) The condition mentioned in subsection (1) is that no notice of termination (giving the required period of notice) has been served in respect of the tenancy before the expiry of the period of 6 months mentioned in that subsection.

(4) Despite the fact that such a notice of termination has been so served, that condition shall be regarded as satisfied if the notice is subsequently withdrawn.

Annotations

Amendments:

F85

Substituted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(a), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).

F86

Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(a), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).

Editorial Notes:

E81

Previous affecting provision: subs. (2) amended (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(1), in effect as per s. 1(3)(b) and subs. (3); subs. (2) deleted as per F-note above.