Residential Tenancies Act 2004

Further Part 4 tenancy to arise on expiry of previous tenancy.

45

45.—(1) If a further Part 4 tenancy continues to the expiry of F96 [ 6 years ] from its commencement without a notice of termination under section 34(b) 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 also referred to in this Part as a “further Part 4 tenancy”.

(3) The commencement date of a further Part 4 tenancy under this section is the expiry of the further Part 4 tenancy that preceded it.

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

( a) unless paragraph F97 [ ] (c) applies, for the period of F96 [ 6 years ] from its commencement,

( b) F97 [ ]

( 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 F96 [ 6 years ] mentioned in paragraph (a), until the expiry of that period of notice.

Annotations

Amendments:

F96

Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 ref. nos. 7, 8, commenced as per subs. (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.”

F97

Deleted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(4) and sch. part 2 ref. nos. 5, 6, S.I. No. 7 of 2017.