Residential Tenancies Act 2004

Offence to do certain acts on foot of invalid termination.

74

74.—(1) A person is guilty of an offence if—

( a) a notice of termination that is invalid purports to be served by the person (or on his or her behalf) in respect of a tenancy, and

( b) the person does any act, in reliance on the notice, that affects adversely, or is calculated to affect adversely, any interest of the person on whom the notice is served.

(2) In proceedings for an offence under this section, it is a defence to show that the defendant neither knew nor could reasonably be expected to have known of the existence of any fact that gave rise to the invalidity of the notice concerned.

(3) For the purposes of subsection (1), an act is done by a person in reliance on a notice if—

( a) its doing is accompanied or preceded by a statement made by the person (in writing or otherwise and however expressed) that it is being done, or will be done, in reliance on the notice, or

( b) in all the circumstances it is reasonable to infer that it is done in reliance on the notice.

(4) For the avoidance of doubt, references in this section to the doing of an act include references to the making of a statement (whether in writing or otherwise).