Residential Tenancies (Amendment) Act 2015

Amendment of section 39 of Principal Act

10. Section 39 of the Principal Act is amended—

(a) in subsection (1) by substituting “, 4 and 6” for “and 4”, and

(b) by inserting the following subsection after subsection (5):

“(6) In respect of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), a person to whom subsection (3)(a) applies shall not elect, under subsection (3)(b), to become a tenant, or tenants, of such dwelling unless—

(a) in the case of a dwelling referred to in section 3(4)(a), he or she is a member of a household referred to in section 3(4)(a), or

(b) in the case of a dwelling referred to in section 3(4)(b), he or she is a member of a household referred to in section 3(4)(b).”.