Residential Tenancies and Valuation Act 2020

5.

Notices of termination served during emergency period

5. (1) This section 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.

(2) Notwithstanding the amendment of section 67 of the Act of 2004 effected by section 12 , the said section 67 shall, subject to subsections (3) and (4), have effect in relation to a notice of termination to which this section applies as if the references, in paragraphs (aa) and (b) of subsection (2), to 28 days were references to 90 days.

(3) A notice of termination to which this section applies shall not specify a termination date that falls earlier than 11 January 2021.

(4) Where, after the service of a notice of termination to which this section applies, a tenant under the tenancy of a dwelling becomes a tenant to which this Part applies, the termination date under that notice shall, instead of the termination date specified therein, be deemed to be the later of the following dates:

(a) the date immediately following the expiration of 90 days from the service of the notice of termination; or

(b) the date immediately following the expiration of the emergency period.

(5) 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.

Annotations:

Modifications (not altering text):

C1

Application of subs. (4) restricted (11.01.2021) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 12(2), commenced as per s. 1(3), para (a), as substituted (30.03.2021) by Residential Tenancies Act 2021 (5/2021), s. 1(d)(i), commenced on enactment, and as amended (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 2(d)(iv), commenced on enactment.

Notices of termination

12. ...

(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 [13 July 2021].]

...