Planning and Development (Housing) and Residential Tenancies Act 2016

SCHEDULE

Consequential Amendments to Residential Tenancies Act 2004

Section 37

PART 1

Amendments relating to Amendment of section 28 of Act of 2004

Reference No

Provision

Amendment

(1)

(2)

(3)

1

Section 34(b)(ii)

Substitute “6 years” for “4 years”.

2

Section 40(1)

Substitute “6 year period” for “4 year period”.

3

Section 41

Subsection (1)

Substitute “6 year period” for “4 year period”.

4

Subsection (3)

Substitute “6 year period” for “4 year period”.

5

Subsection (4)

Substitute “6 years” for “4 years” in both places where it occurs.

6

Section 43

Substitute “6 years” for “4 years” in both places where it occurs.

7

Section 45

Subsection (1)

Substitute “6 years” for “4 years”.

8

Subsection (4)

Substitute “6 years” for “4 years” in both places where it occurs.

9

Section 47(5)

Substitute “6 years” for “4 years” in both places where it occurs.

10

Table

Substitute “6 years” for “4 years” in paragraph 2.

PART 2

Amendments relating to repeal of section 42 of Act of 2004

Section 41

Reference No.

Provision

Amendment

(1)

(2)

(3)

1

Section 40(2)

Substitute “A reference in section 41(4) to section 34 or Chapter 3 is a reference” for “References in sections 41(4) and 42 to section 34 or Chapter 3 are references”.

2

Section 41

Subsection (4)

Delete “(b) or” in paragraph (a).

3

Subsection (4)

Delete paragraph (b).

4

Section 44

Substitute “section 34 or Chapter 3” for “section 34, Chapter 3 or section 42”.

5

Section 45

Subsection (4)

Delete “(b) or” in paragraph (a).

6

Subsection (4)

Delete paragraph (b).

7

Section 47

Subsection (4)

Delete.

8

Subsection (6)

Delete.

9

Table

Delete “or 42” in paragraph 1.

10

Section 55(2)

Substitute:

“(2) A termination under section 34 on one or more of the grounds specified in paragraphs 2 to 6 of the Table to that section of a Part 4 tenancy or a further Part 4 tenancy shall not be regarded as a termination of that tenancy for the purposes of section 17 (1)(a) of the Landlord and Tenant (Amendment) Act 1980 .”.

PART 3

Amendments relating to the Board and the Director

Section 48

Reference No.

Provision

Amendment

(1)

(2)

(3)

1

Section 95(5)

Substitute “Director” for “Board”.

2

Section 96

Subsection (1)

Substitute in paragraph (a) “Director” for “Board”.

3

Subsection (1)

Substitute “the Director shall prepare” for “the Board shall prepare”.

4

Subsection (2)

Substitute in paragraph (b) “to the Director” for “to the Board”.

5

Section 99(4)

Substitute “Director” for “Board”.

6

Section 109

Subsection (2)

Substitute in paragraph (d)(vi) “the Director must, from the date of receipt by the Board” for “the Board must, from the date of receipt by it”.

7

Subsection (2)

Substitute in paragraph (d)(ix) “the Director must, from the date of receipt by the Board” for “the Board must, from the date of receipt by it”.

8

Section 123

Subsection (5)

Substitute “direct the Director” for “direct the Board”.

9

Subsection (5)

Substitute “the Director shall cancel” for “the Board shall cancel”.

10

Subsection (6)

Substitute “Director” for “Board” in each place where it occurs.

11

Subsection (7)

Substitute in paragraph (a) “issued by the Director” for “issued by it”.

12

Section 125(2)

Insert “direct the Director to” after “The powers mentioned in subsection (1) are to”.

13

Section 159(1)

Delete “, 121”.

14

Section 176(3)

Delete in paragraph (b) “sealed and”.