12. (1) F4[(a) Subject to paragraph (b) and subsection (1A)—

(i) section 67 of the Act of 2004 shall have effect in relation to a notice of termination to which this subsection applies as if the references in paragraphs (aa) and (b) of subsection (2) of that section to 28 days were references to 90 days, and

(ii) a notice of termination to which this subsection applies shall not specify a termination date that falls earlier than F5[13 January 2022].]

(b) If this Part ceases to apply in relation to a tenant on whom a notice that specifies a termination date in accordance with paragraph (a) was served, the termination date specified in the notice shall, instead of the termination date specified therein, be deemed to be the date that falls 10 days after—

(i) the earliest termination date that could lawfully have been specified in the notice had the tenant not been a tenant in relation to whom this Part applied when the notice was served, or

(ii) the day on which this Part so ceased to apply in relation to the tenant,

whichever occurs later.

(c) This subsection applies to a notice of termination served on a tenant during the emergency period that cites as a reason for the termination concerned the failure by the tenant to pay an amount of rent due in respect of the tenancy of a dwelling.

F6[(1A) (a) Subject to paragraph (b), if a tenant under the tenancy of a dwelling is a tenant in relation to whom this Part applies, the termination date under any notice of termination to which this subsection applies served on that tenant during the emergency period shall, instead of the termination date specified therein, be deemed to be F5[13 January 2022].

(b) If this Part ceases to apply in relation to a tenant on whom a notice to which this subsection applies was served, then, upon the expiration of the period of 10 days from this Part’s ceasing to apply in relation to the tenant, paragraph (a) shall cease to apply to that notice.

(c) This subsection applies to a notice of termination served on a tenant during the emergency period that—

(i) specifies a termination date that falls on or after 13 April 2021 and before F5[13 January 2022], and

(ii) cites as a reason for the termination concerned the failure by the tenant to pay an amount of rent due in respect of the tenancy of a dwelling.]

(2) (a) Subject to paragraph (b), if a tenant under the tenancy of a dwelling is a tenant in relation to whom this Part applies, the termination date under any notice of termination to which this subsection applies served on that tenant before the emergency period shall, instead of—

(i) the termination date specified therein, or

(ii) the termination date applicable by virtue of subsection (4) of section 5 of the Residential Tenancies and Valuation Act 2020,

as the case may be, be deemed to be F5[13 January 2022].

(b) If this Part ceases to apply in relation to a tenant on whom a notice to which this subsection applies was served, then, upon the expiration of the period of 10 days from this Part’s ceasing to apply in relation to the tenant, paragraph (a) shall cease to apply to that notice.

(c) This subsection applies to a notice of termination served on a tenant before the emergency period that specifies a termination date that—

(i) falls during the emergency period, or

(ii) by virtue of subsection (4) of section 5 of the Residential Tenancies and Valuation Act 2020, is deemed to fall during that period,

and that cites as a reason for the termination concerned the failure by the tenant to pay an amount of rent due in respect of the tenancy of a dwelling.

(3) A tenant under the tenancy of a dwelling referred to in paragraph (b) of subsection (2) of section 67 of the Act of 2004 shall not, by virtue of the operation of this section, acquire any rights under Part 4 of that Act.