Affordable Housing Act 2021
Application of Act of 2004
32. (1) Save insofar as it is excluded by this section or section 33, or otherwise inconsistent with this Part, the Act of 2004 shall—
(a) subject to subsection (2) of section 3 of the Act of 2004, apply to every cost rental dwelling, the subject of a tenancy, and
(b) notwithstanding paragraph (a), apply to a dwelling of a type referred to in subsection (2)(c) of section 3 of the Act of 2004.
(2) A cost rental dwelling is not a dwelling referred to in section 3(4) of the Act of 2004.
(3) The grounds for termination of a residential tenancy in paragraphs 3, 4, 5 and 6 of the Table to section 34 of the Act of 2004 shall not apply where the tenancy is a cost rental tenancy.
(4) Subject to subsection (5), a tenant of a cost rental dwelling shall not assign or sub-let the cost rental tenancy and—
(a) any such purported assignment or sub-letting shall be void, and
(b) section 16(k) of the Act of 2004 shall not apply to a cost rental tenancy.
(5) Subsection (4) shall not apply to the removal, replacement or addition of one or more tenants (other than the removal or replacement of all the tenants in the cost rental dwelling, by whatever means effected) where it is provided for in regulations under subsection (6) and is with the written consent of the landlord.
(6) The Minister may, for the purposes of giving effect to eligibility requirements, prescribe the circumstances in which and the process by which a landlord of a cost rental dwelling may give his or her consent to the removal, replacement or addition of tenants referred to in subsection (5).
(7) A landlord of a cost rental dwelling shall in the removal, replacement or addition of a tenant of a cost rental dwelling comply with matters prescribed by the Minister under subsection (6).
(8) Sections 50(8) and 76(4) of the Act of 2004 shall not apply to a person who is lawfully in occupation of a cost rental dwelling as a licensee of the tenant during the subsistence of a tenancy protected under Part 4 of that Act and who requests the landlord of the dwelling to allow him or her to become a tenant of the dwelling.