Residential Tenancies Act 2004

Deemed termination by tenant.

37

37.—(1) Subject to subsection (3), a Part 4 tenancy shall be deemed to have been terminated by the tenant on his or her vacating the dwelling if—

( a) before or on or about that vacating, he or she serves a notice of termination in respect of the tenancy that does not give the required period of notice, and

( b) before or on that vacating the rent has fallen into arrears.

(2) Subject to subsection (3), a Part 4 tenancy shall also be deemed to have been terminated by the tenant upon any rent owed by him or her being in arrears for a period of 28 days or more if—

( a) whether before or after the end of that period, the tenant has vacated the dwelling, and

( b) no notice of termination has been served by the tenant in respect of the tenancy.

(3) Subsections (1) and (2) do not apply if the Part 4 tenancy has been sub-let or assigned.

(4) Nothing in the preceding subsections affects the liability of the tenant for rent for the period that would have elapsed had a notice of termination giving the required period of notice been served by him or her.

(5) This section is subject to Chapter 6.