Residential Tenancies Act 2004
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PART 4 Security of Tenure | ||
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Chapter 1 Preliminary | ||
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Non-application of Part. |
25.—(1) This Part does not apply to a tenancy of a dwelling where the conditions specified in subsection (2) are satisfied if the landlord of the dwelling opts, in accordance with subsection (3), for this Part not to apply to it. | |
(2) Those conditions are— | ||
(a) the dwelling concerned is one of 2 dwellings within a building, | ||
(b) that building, as originally constructed, comprised a single dwelling, and | ||
(c) the landlord resides in the other dwelling. | ||
(3) A landlord's opting as mentioned in subsection (1) shall be signified in writing in a notice served by him or her on the tenant before the commencement of the tenancy. | ||
(4) This Part does not apply to a tenancy of a dwelling— | ||
(a) if the landlord of the dwelling is entitled, in relation to expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the dwelling, to a deduction of the kind referred to in section 380B(2), 380C(4) or 380D(2) (inserted by the Finance Act 1999 ) of the Taxes Consolidation Act 1997 , or | ||
(b) if the entitlement of the tenant to occupy the dwelling is connected with his or her continuance in any office, appointment or employment. |