Residential Tenancies Act 2004
Reference to and validity of date of service of notice of termination.
64.—(1) For the avoidance of doubt, the specification in a notice of termination of a date as being its date of service does not comply with section 62(1)(c) if any relevant step in the service of that notice remains untaken on that date.
(2) A relevant step in the service of a notice remains untaken for the purposes of subsection (1) if any of the steps that are within the power or control of the landlord or tenant or agent (as appropriate) to take for the purpose of effecting such service remains untaken.
(3) A reference in this Part to the date of service of a notice of termination is a reference to the date the specification of which, in the notice of termination, complies with subsection (1).
Annotations:
Modifications (not altering text):
C40
Application of chapter restricted (29.10.2022) by Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 (34/2022), s. 3, commenced on enactment.
Notice of termination served during winter emergency period
3. (1) Notwithstanding Chapters 2 and 3 of Part 5 of the Act of 2004, a notice of termination, other than a notice of termination referred to in section 2 (2), in respect of a tenancy of less than 6 months duration that is served by a landlord during the winter emergency period shall not specify a termination date that falls earlier than 18 June 2023.
(2) A notice of termination served in contravention of subsection (1) shall be invalid.
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