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Amendment of section 66 of Act of 2004
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16. (1) Section 66 of the Act of 2004 is amended—
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(a) in subsection (2) by the substitution of “Subject to subsection (2A), where” for “Where”,
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(b) by the insertion of the following subsection after subsection (2):
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“(2A) (a) Where, on the hearing of a complaint under Part 6 in respect of a notice of termination served by a landlord or a tenant (the ‘original notice’), an adjudicator or the Tribunal, as the case may be, makes a determination that—
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(i) the original notice is invalid due to a defect contained in, or occurring during the service of, the original notice,
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(ii) the defect concerned does not prejudice, in a material respect, the original notice, and
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(iii) the original notice is otherwise in compliance with the provisions of this Act,
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the adjudicator or the Tribunal shall make a further determination that the landlord or tenant, as may be appropriate, may remedy the original notice in accordance with paragraph (b).
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(b) In the circumstances set out in paragraph (a), the following shall apply:
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(i) the landlord or tenant, as may be appropriate, shall be permitted to remedy the original notice to cure the defect identified by the adjudicator or Tribunal, as the case may be, by serving a new notice (the ‘remedial notice’);
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(ii) the remedial notice shall be served within 28 days of the issue of the determination order under section 121;
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(iii) where, on the date of service of the remedial notice, the period of notice to be given by the original notice has expired, the period of notice to be given by the remedial notice is 28 days;
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(iv) where, on the date of service of the remedial notice, the period of notice to be given by the original notice has not expired, the period of notice to be given by the remedial notice is the cumulative period of—
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(I) the period of notice to be given by the original notice which remains unexpired on the date of service of the remedial notice, and
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(II) 28 days;
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(v) this Part applies, with any necessary modifications, to a remedial notice in the same way as it applies to an original notice;
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(vi) an adjudicator or Tribunal shall not permit the landlord or tenant, as the case may be, to remedy the original notice under subparagraph (i) if satisfied that the original notice was served by the landlord or tenant, as the case may be, knowingly in contravention of this Act.”,
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(c) by the insertion of the following subsection:
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“(2B) Where this section applies, the period of notice to be given in respect of a tenancy referred to in subsection (1A) of section 3 by the landlord or tenant and specified in the notice of termination shall be not less than 28 days.”,
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and
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(d) by the substitution of the following Table for Table 1:
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“Termination by Landlord
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Duration of Tenancy
(1)
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Notice Period
(2)
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Less than 6 months
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28 days
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Not less than 6 months but less than one year
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90 days
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Not less than one year but less than 3 years
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120 days
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Not less than 3 years but less than 7 years
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180 days
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Not less than 7 years but less than 8 years
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196 days
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Not less than 8 years
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224 days
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”.
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(2) The amendment of Table 1 to section 66 of the Act of 2004 under subsection (1)(d) shall apply to a period of notice to be given in a notice of termination served by a landlord on a tenant on or after the commencement of subsection (1).
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(3) The Minister shall—
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(a) not earlier than 2 years and not later than 3 years after the coming into operation of subsection (1), commence a review of the operation of the amendments of section 66 effected by that subsection,
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(b) not later than 6 months after the commencement of the review, prepare a report in writing of the findings of the Minister resulting from the review and his or her conclusions drawn from the findings, and
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(c) cause a copy of the report referred to in paragraph (b) to be laid before each House of the Oireachtas.
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