Residential Tenancies Act 2004

F140[Duration of tenancy for purposes of this Chapter

64B

64B. (1) For the purposes of this Chapter, a Part 4 tenancy and any further Part 4 tenancy entered into following the expiration of

(a) the said Part 4 tenancy, or

(b) a further Part 4 tenancy,

shall be treated as one tenancy, and references in this Chapter to duration of tenancy shall be construed accordingly.

F141[(1A) (a) For the purposes of this Chapter—

(i) a new tenancy referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021 of a dwelling created immediately following the expiration of a relevant Part 4 tenancy of that dwelling, and

(ii) that relevant Part 4 tenancy,

shall be treated as one tenancy, and references in this Chapter to duration of tenancy shall be construed accordingly.

(b) For the purposes of this Chapter—

(i) a new tenancy referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021 of a dwelling created immediately following the expiration of a relevant further Part 4 tenancy of that dwelling,

(ii) that relevant further Part 4 tenancy, and

(iii) any Part 4 tenancy or further Part 4 tenancy of the dwelling concerned immediately preceding that relevant further Part 4 tenancy,

shall be treated as one tenancy, and references in this Chapter to duration of tenancy shall be construed accordingly.

(c) In this subsection—

"relevant Part 4 tenancy" means a Part 4 tenancy that—

(a) came into being before the commencement of section 5 of the Residential Tenancies (Amendment) Act 2021, and

(b) expired on or after such commencement; and

"relevant further Part 4 tenancy" means a further Part 4 tenancy that—

(a) came into being before the commencement of section 5 of the Residential Tenancies (Amendment) Act 2021, and

(b) expired on or after such commencement.]

(2) This section is without prejudice to subsection (2) of section 61.]

Annotations

Amendments:

F140

Inserted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 15, S.I. No. 236 of 2019.

F141

Inserted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 6(1)(d), commenced as per subs. (2) and s. 5(5).

Modifications (not altering text):

C43

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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