Residential Tenancies (Amendment) Act 2021
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Provision for tenancies of unlimited duration | ||
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5. (1) Part 4 of the Principal Act is amended— | ||
(a) in section 28, by the substitution of the following subsection for subsections (1) and (2): | ||
“(1) Where a person has been in occupation of a dwelling under a tenancy for a continuous period of 6 months and the condition specified in subsection (3) is satisfied, that tenancy shall, subject to Chapter 3, continue in existence for a period of unlimited duration from the date on which the first-mentioned period expires.”, | ||
(b) in section 34, by the deletion of paragraph (b), and | ||
(c) by the deletion of Chapters 4 and 5. | ||
(2) Subject to subsections (3) and (4), Part 4 of the Principal Act shall have effect in relation to tenancies of dwellings created, or that came into being, before the commencement of this section as if this section and section 6 had not been enacted. | ||
(3) (a) A landlord under a tenancy of a dwelling— | ||
(i) created, or that came into being, under the Principal Act before the commencement of this section, and | ||
(ii) in existence on such commencement, | ||
may, by notice, in writing and in such form as shall be specified by the Board, inform the tenant under the tenancy that the landlord consents to the tenancy continuing in existence for a period of unlimited duration and, upon receipt by the tenant of such notice, that tenancy shall, subject to Chapter 3, continue in existence for a period of unlimited duration from the date of the notice, and accordingly Part 4 of the Principal Act as amended by paragraphs (b) and (c) of subsection (1) and section 6 shall have effect in relation to that tenancy. | ||
(b) A form specified in accordance with paragraph (a) shall include an explanation of the effect of the giving of a consent under that paragraph in relation to a tenancy of a dwelling. | ||
(4) Where a Part 4 tenancy or further Part 4 tenancy of a dwelling— | ||
(a) was created, or came into being, before the commencement of this section, and | ||
(b) expires on or after such commencement, | ||
then, upon its so expiring and unless a valid notice of termination in respect of the tenancy was served under paragraph (a) or (b) of section 34 or section 36 of the Principal Act before its so expiring, a new tenancy of that dwelling shall stand created and that new tenancy shall, subject to Chapter 3, continue in existence for a period of unlimited duration. | ||
(5) This section shall come into operation on the day that falls 6 months after the date of the passing of this Act. |