Residential Tenancies Act 2004

Terms of Part 4 tenancy.

30

30.F88[(1) Subject to subsections (2) and (3), the terms of a Part 4 tenancy shall—

(a) in the case of a tenancy that continues in existence by virtue of subsection (1) (inserted by subsection (1) of section 5 of the Residential Tenancies (Amendment) Act 2021) of section 28, be those of the tenancy of which it is a continuation,

(b) in the case of a tenancy that continues in existence in accordance with subsection (3) of section 5 of the Residential Tenancies (Amendment) Act 2021, be those of the tenancy of which it is a continuation, and

(c) in the case of a new tenancy of a dwelling referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021, be those of the tenancy of that dwelling immediately preceding the new tenancy.]

(2) At any time during the period of a Part 4 tenancy, the parties may, by agreement, vary its terms.

(3) Neither—

(a) any term of the tenancy of which the Part 4 tenancy is a continuation, nor

(b) any term purported to be provided for by a variation under subsection (2),

shall be a term of a Part 4 tenancy if the term is inconsistent with this or any other Part of this Act.

Annotations:

Amendments:

F88

Substituted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 6(1)(c), commenced as per subs. (2) and s. 5(5), subject to transitional provisions for existing tenancies in s. 5(2)-(4).