Residential Tenancies Act 2004

Termination of tenancies restricted to means provided by this Part.

58

58.—(1) From the relevant date, a tenancy of a dwelling may not be terminated by the landlord or the tenant by means of a notice of forfeiture, a re-entry or any other process or procedure not provided by this Part.

(2) Accordingly, the termination by the landlord or the tenant of—

(a) more beneficial rights referred to in section 26 that the tenant enjoys under a tenancy than those created by Part 4, F135[]

(b) a tenancy to which section 25 F136[applies, or]

F137[(c) a tenancy of a dwelling referred to in subsection (1A) of section 3.]

must be effected by means of a notice of termination that complies with this Part.

(3) Each of the following—

(a) a tenancy referred to in subsection (2)(a) (unless it expressly excludes this means of termination),

(b) a tenancy referred to in subsection (2)(b), and

(c) a tenancy of a dwelling created before or after the relevant date in so far as its operation is not affected by Part 4,

shall be construed as including a term enabling its termination by means of a notice of termination that complies with this Part (but, in the case of a tenancy that is for a fixed period, unless it provides otherwise, only where there has been a failure by the party in relation to whom the notice is served to comply with any obligations of the tenancy).

Annotations:

Amendments:

F135

Deleted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 12(a), commenced on enactment.

F136

Substituted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 12(b), commenced on enactment.

F137

Inserted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 12(c), commenced on enactment.