Residential Tenancies Act 2004

F126[Referral of notice of termination to adjudicator under Act of 2004

39A

39A.(1) Where a landlord serves a notice of termination in relation to the tenancy of a dwelling F127[], he or she shall, on the day on which he or she so serves that notice of termination, serve a copy thereof on the Board.

(2) The Board shall, upon receiving a copy of a notice of termination from a landlord, notify the tenant in writing of his or her entitlements under section 76 F128[, the period after which, under section 80, a dispute may not be referred to the Board and give the tenant and the landlord a copy of the statement given under paragraph (e) of subsection (4) of section 135].

(3) Where the tenant refers a matter in connection with the notice of termination to the Board for resolution under section 76, the adjudicator appointed under section 97 to inquire into the dispute shall have regard to any advice referred to in subsection (3A) of section 67 (inserted by section 12 of the Residential Tenancies and Valuation Act 2020) when making a decision or determination under subsection (4) of section 97 in relation to the matter.

(4) The Tribunal shall, on the hearing of an appeal from a decision or determination of an adjudicator referred to in subsection (3), have regard to any advice referred to in subsection (3A) of section 67 when making a decision or determination under section 108.]

Annotations

Amendments:

F126

Inserted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 11, commenced on enactment.

F127

Deleted (6.07.2022) by Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 94(a), commenced as per s. 99(1), subject to transitional provision in subs. (2).

F128

Inserted (6.07.2022) by Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 94(b), commenced as per s. 99(1), subject to transitional provision in subs. (2).

Editorial Notes:

E101

The section heading is taken from the amending section in the absence of one included in the amendment.