Residential Tenancies Act 2004

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

28

28.—(1) Where a person has, under a tenancy, been in occupation of a dwelling for a continuous period of 6 months then, if the condition specified in subsection (3) is satisfied, the following protection applies for the benefit of that person.

(2) That protection is that, subject to Chapter 3, the tenancy mentioned in subsection (1) shall (if it would not or might not do so otherwise) continue in being—

( a) unless paragraph (b) applies, for the period of F63 [ 6 years ] from—

(i) the commencement of the tenancy, or

(ii) the relevant date,

whichever is the later,

or

( b) if a notice of termination under section 34(b) is served in respect of the tenancy giving a period of notice that expires after the period of F63 [ 6 years ] mentioned in paragraph (a), until the expiry of that period of notice.

(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a notice of termination has been so served, that condition shall be regarded as satisfied if the notice is subsequently withdrawn.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:

F63

Inserted (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), which provides “(3) This section applies to all tenancies created after the coming into operation of this section.”