Residential Tenancies (Amendment) Act 2019

Amendment of section 35 of Act of 2004

13. Section 35 of the Act of 2004 is amended—

(a) in subsection (5), by—

(i) the substitution of “paragraph (aa) of subsection (8) and paragraph 4(b), 5(b) and 6(b) of the Table” for “paragraph 4(b), 5(b) and 6(b) of the Table”, and

(ii) the insertion of “statutory declaration or” before “statement concerned”,

(b) in subsection (6), by the substitution of “paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table,” for “paragraph 4(b), 5(b) or 6(b) of the Table”,

(c) in subsection (8), by—

(i) the deletion, in paragraph (a), of “and”, and

(ii) the insertion of the following paragraph:

“(aa) a declaration that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the following conditions are satisfied:

(i) the contact details requirement is complied with;

(ii) the landlord does not enter into an enforceable agreement of the type referred to in paragraph 3 of the Table within the period specified in that paragraph commencing—

(I) on the expiration of the period of notice required to be given under subparagraph (i) of paragraph (a) of section 34, or

(II) in circumstances where a dispute in relation to the validity of the notice is referred to the Board under Part 6 for resolution, on the final determination of that dispute;

and

(iii) the tenancy to which the notice relates has not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 2 or 6 of the Table,

and”,

and

(d) the insertion of the following subsection:

“(11) Where, in respect of a tenancy, a landlord serves on a tenant a notice of termination that cites, as a reason for the termination, a ground specified in the Table, the landlord shall give a copy of the notice of termination to the Board not later than 28 days after the expiration of the period of notice given by the notice of termination.”.