Residential Tenancies Act 2004

Period of notice where section 67 or 68 is inapplicable.

66

66.—(1) This section applies where the tenancy is being terminated—

( a) otherwise than by reason of the landlord's or tenant's failure to comply with any of the obligations of the tenancy, or

( b) by reason of such a failure but a condition in another section of this Chapter is required to be satisfied if the period of notice provided by that section is to apply and that condition is not satisfied.

(2) F100 [ Subject to subsection (2A) , where ] this section applies the period of notice to be given by the notice of termination is—

( a) in the case of a termination by the landlord, the period mentioned in column (2) of Table 1 to this section opposite the mention of the duration of the tenancy concerned in column (1) of that Table, and

( b) in the case of a termination by the tenant, the period mentioned in column (2) of Table 2 to this section opposite the mention of the duration of the tenancy concerned in column (1) of that Table.

F101 [ (2A) (a) Where, on the hearing of a complaint under Part 6 in respect of a notice of termination served by a landlord or a tenant (the original notice ), an adjudicator or the Tribunal, as the case may be, makes a determination that

(i) the original notice is invalid due to a defect contained in, or occurring during the service of, the original notice,

(ii) the defect concerned does not prejudice, in a material respect, the original notice, and

(iii) the original notice is otherwise in compliance with the provisions of this Act,

the adjudicator or the Tribunal shall make a further determination that the landlord or tenant, as may be appropriate, may remedy the original notice in accordance with paragraph (b) .

(b) In the circumstances set out in paragraph (a) , the following shall apply:

(i) the landlord or tenant, as may be appropriate, shall be permitted to remedy the original notice to cure the defect identified by the adjudicator or Tribunal, as the case may be, by serving a new notice (the remedial notice );

(ii) the remedial notice shall be served within 28 days of the issue of the determination order under section 121 ;

(iii) where, on the date of service of the remedial notice, the period of notice to be given by the original notice has expired, the period of notice to be given by the remedial notice is 28 days;

(iv) where, on the date of service of the remedial notice, the period of notice to be given by the original notice has not expired, the period of notice to be given by the remedial notice is the cumulative period of

(I) the period of notice to be given by the original notice which remains unexpired on the date of service of the remedial notice, and

(II) 28 days;

(v) this Part applies, with any necessary modifications, to a remedial notice in the same way as it applies to an original notice;

(vi) an adjudicator or Tribunal shall not permit the landlord or tenant, as the case may be, to remedy the original notice under subparagraph (i) if satisfied that the original notice was served by the landlord or tenant, as the case may be, knowingly in contravention of this Act. ]

F101 [ (2B) Where this section applies, the period of notice to be given in respect of a tenancy referred to in subsection (1A) of section 3 by the landlord or tenant and specified in the notice of termination shall be not less than 28 days. ]

(3) This section is subject to section 69 .

F102 [ TABLE 1

F103 [ Termination by Landlord

Duration of Tenancy

Notice Period

(1)

(2)

Less than 6 months

28 days

Not less than 6 months but less than one year

90 days

Not less than one year but less than 3 years

120 days

Not less than 3 years but less than 7 years

180 days

Not less than 7 years but less than 8 years

196 days

Not less than 8 years

224 days ] ]

F102 [ TABLE 2

Termination by Tenant

Duration of Tenancy

Notice Period

(1)

(2)

Less than 6 months

28 days

6 or more months but less than 1 year

35 days

1 year or more but less than 2 years

42 days

2 or more but less than 4 years

56 days

4 years or more but less than 8 years

84 days

8 or more years

112 days ]

Annotations:

Amendments:

F100

Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 16(a), S.I. No. 236 of 2019.

F101

Inserted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 16(b), (c), S.I. No. 236 of 2019.

F102

Substituted (4.12.2015) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 31, commenced on enactment, subject to transitional provision in subs. (2).

F103

Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 16(1)(d), S.I. No. 236 of 2019, subject to transitional provision in subs. (2).

Editorial Notes:

E69

Previous affecting provision: Table 1 substituted (4.12.2015) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 31, commenced on enactment, subject to transitional provision in subs. (2); substituted as per F-note above.