Residential Tenancies Act 2020

3.

Notices of termination under Act of 2004

3. (1) Where a notice of termination served before or during an emergency period specifies a termination date that falls during or after the emergency period, the termination date shall be deemed to be the revised termination date.

(2) Subsection (1) shall not apply to a notice of termination served by a landlord that cites as a reason for the termination concerned failure by the tenant to comply with one or more than one of his or her obligations under paragraph F1[(a),] (h), (i) or (m) of section 16 or behaviour of the tenant that falls within subparagraph (2)(a)(ii) of section 67 of the Act of 2004.

(3) A person shall not, by virtue of the operation of this section, acquire any rights under Part 4 of the Act of 2004.

(4) In this section, “revised termination date” means the date that falls 10 days after the date referred to in paragraph (a) or (b):

(a) in the case of a notice of termination served before the emergency period where the period of the notice has not ended before the commencement of the emergency period, that date immediately following the expiration of a period that consists of the aggregate of—

(i) the period of the notice given in the notice of termination that remains unexpired on the commencement of the emergency period, and

(ii) the emergency period;

(b) in the case of a notice of termination served during the emergency period, the date immediately following the expiration of a period that consists of the aggregate of—

(i) the period of notice given in the notice of termination, and

(ii) the unexpired period of the emergency period remaining on the date that the notice was served.

(5) Any second or subsequent emergency period affecting a notice of termination served in respect of the tenancy of a dwelling shall be included as appropriate in calculating the revised termination date under subsection (4).

(6) F2[]

Annotations:

Amendments:

F1

Inserted (30.03.2021) by Residential Tenancies Act 2021, s. 2(a)(i), commenced on enactment.

F2

Deleted (30.03.2021) by Residential Tenancies Act 2021, s. 2(a)(ii), commenced on enactment.