Residential Tenancies Act 2004

Further Part 4 tenancy on expiry of F91 [ 6 year period ].

41

41.—(1) If a Part 4 tenancy continues to the expiry of the F91 [ 6 year period ] without a notice of termination under section 34 or 36 having been served in respect of it before that expiry, then a new tenancy shall, by virtue of this section, come into being between the landlord and the tenant on that expiry.

(2) Such a tenancy is referred to in this Act as a “further Part 4 tenancy”.

(3) The commencement date of a further Part 4 tenancy is the expiry of the F91 [ 6 year period ].

(4) A further Part 4 tenancy shall, subject to Chapter 3, continue in being—

( a) unless paragraph F92 [ ] (c) applies, for the period of F91 [ 6 years ] from its commencement,

( b) F92 [ ]

( c) 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 F91 [ 6 years ] mentioned in paragraph (a), until the expiry of that period of notice.

Annotations

Amendments:

F91

Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 items 3-5, commenced as per s. 1(3)(b) and s. 37(3), which provides “(3) This section applies to all tenancies created after the coming into operation of this section.”

F92

Deleted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (16/2017), s. 41(4) and sch. part 2 ref. nos. 2, 3, S.I. No. 7 of 2017.