Residential Tenancies Act 2004

Period of notice for termination by tenant where landlord in default.

68

68.—(1) This section applies where—

( a) the tenancy is being terminated by the tenant by reason of the failure of the landlord to comply with any obligations of the tenancy, and

( b) in a case falling within subsection (2)(b), the condition specified in subsection (3) in relation to a termination in such a case is satisfied.

(2) Where this section applies the period of notice to be given by the notice of termination is—

( a) 7 days, if the tenancy is being terminated by reason of behaviour of the landlord that poses an imminent danger of death or serious injury or imminent danger to the fabric of the dwelling or the property containing the dwelling, or

( b) 28 days, if the tenancy is being terminated for any other reason,

regardless of the duration of the tenancy.

(3) The condition mentioned in subsection (1)(b) is—

( a) the landlord has been notified in writing of the failure concerned by the tenant, and

( b) the landlord does not remedy the failure within a reasonable time after being so notified.

(4) In subsection (3)“remedy the failure” means—

( a) in the case of a failure that does not result in financial loss or damage to the tenant or his or her property, to desist from the conduct that constitutes the failure, or if the failure consists of an omission to comply with an obligation, comply with that obligation, and

( b) in the case of a failure that does result in financial loss or damage to the tenant or his or her property—

(i) to pay adequate compensation to the tenant or repair the damage fully, and

(ii) unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be.

(5) This section is subject to section 69 .