Residential Tenancies (Amendment) Act 2019
PART 2 Amendment of Residential Tenancies Act 2004 | ||
Amendment of section 3 of Act of 2004 | ||
3. Section 3 of the Act of 2004 is amended— | ||
(a) by the insertion of the following subsection after subsection (1): | ||
“(1A) (a) Subject to subsection (7), this Act also applies to every dwelling (the subject of a tenancy created not earlier than one month after the commencement of paragraph (a) of section 3 of the Residential Tenancies (Amendment) Act 2019) situated in a building, or part of a building, used for the sole purpose (subject to subparagraphs (i), (ii) and (iii)) of providing residential accommodation to students during academic term times under a tenancy— | ||
(i) whether or not the building or part of the building concerned is used for any other purpose outside of those times, | ||
(ii) whether or not any such students are permitted to reside there outside of those times, and | ||
(iii) whether or not any person other than a student resides there, provided that the purpose of the person’s residing there serves the first-mentioned purpose, | ||
but does not include a dwelling in a building or part of a building used for the first-mentioned purpose where the landlord (other than a landlord who is not an individual) also resides in the building or part of the building concerned. | ||
(b) This subsection is without prejudice to subsection (1) and accordingly this Act shall, by virtue of that subsection— | ||
(i) continue to apply to any dwelling to which it applied immediately before the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019 in the same manner as it applied to such dwelling before such commencement, and | ||
(ii) apply to any dwelling— | ||
(I) occupied by a student under a tenancy created on or after such commencement, and | ||
(II) to which this Act would apply had sections 3 and 5 of the Residential Tenancies (Amendment) Act 2019 not been enacted, | ||
in the same manner as it would apply to a dwelling referred to in subparagraph (i). | ||
(c) The definition of ‘dwelling’ in section 4 shall apply for the purposes of this subsection as if ‘residential unit (whether or not self-contained)’ were substituted for ‘self-contained residential unit’. | ||
(d) In this subsection ‘student’ means a person registered as a student with a relevant provider (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012 ).”, | ||
and | ||
(b) by the insertion of the following subsection: | ||
“(7) The following provisions of this Act shall not apply to a tenancy of a dwelling referred to in subsection (1A): | ||
(a) paragraphs (k) and (n) of section 16, subsections (2) and (3) of section 78 and clause (II) of subparagraph (i) of paragraph (e) of subsection (4) of section 135; | ||
(b) sections 70, 71, 72, 73, 81, 185, 186 and 195; | ||
(c) Part 4; and | ||
(d) Schedule 1.”. |