Residential Tenancies Act 2004
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Table to section 34 : interpretation and supplemental. |
35.—(1) In this section the “Table” means the Table to section 34 . | |
(2) In paragraph 1 of the Table “remedy the failure” means— | ||
(a) in the case of a failure that does not result in financial loss or damage to the landlord or his or her property, to desist from the conduct that constitutes the failure or, if the failure consists of an omission to comply with an obligation, comply with that obligation, and | ||
(b) in the case of a failure that does result in financial loss or damage to the landlord or his or her property— | ||
(i) to pay adequate compensation to the landlord (or, if the failure consists of the non-payment of rent, pay the arrears of rent) or repair the damage fully, and | ||
(ii) unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be. | ||
(3) In paragraph 1 of the Table the reference to a failure that provides an excepted basis for termination is a reference to a failure to comply with section 16 (h) where the behaviour in question falls within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17 (1). | ||
(4) In paragraph 4 of the Table the reference to a member of the landlord's family is a reference to any spouse, child, stepchild, foster child, grandchild, parent, grandparent, step parent, parent-in-law, brother, sister, nephew or niece of the landlord or a person adopted by the landlord under the Adoption Acts 1952 to 1998. | ||
(5) In paragraph 4(b), 5(b) and 6(b) of the Table the reference to the contact details requirement being complied with is a reference to the following requirement being complied with, namely, a requirement (which shall be specified in the statement concerned) that the former tenant notify in writing the landlord— | ||
(a) within 28 days from the service of the notice of termination concerned, or, if a dispute as to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, of the means by which he or she can be contacted by the landlord so that the offer concerned can be made to him or her, and | ||
(b) as soon as practicable after any such change occurs, of any change in the means (as so notified) by which the former tenant can be contacted for that purpose. | ||
(6) If an offer such as is referred to in paragraph 4(b), 5(b) or 6(b) of the Table is accepted (within such reasonable period as shall be specified for that purpose in the offer) by the former tenant concerned (the “accepter”)— | ||
(a) the resulting agreement is enforceable by the accepter (as well as by the offeror), and | ||
(b) occupation by the accepter under the tenancy created in favour of him or her on foot of that agreement shall, together with his or her occupation under the former tenancy, be regarded, for the purposes of this Act, as continuous occupation by the accepter under the one tenancy. |