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Amendment of section 35 of Act of 2004
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93. (1) Section 35 of the Act of 2004 is amended—
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(a) by the deletion of subsection (5),
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(b) in subsection (6), by the insertion of “not exceeding 7 days” after “reasonable period”,
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(c) by the insertion of the following subsection after subsection (6):
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“(6A) If an offer such as is referred to in paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table, is not accepted (within such reasonable period not exceeding 7 days as shall be specified for that purpose in the offer) by the former tenant concerned, there is no tenancy agreement and the former tenant is not entitled to occupy the dwelling.”,
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(d) in paragraph (aa) of subsection (8) —
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(i) by the deletion of subparagraph (i), and
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(ii) in subparagraph (iii), by the insertion of “1A,” after “paragraph 1,”,
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(e) by the substitution of the following subsection for subsection (11):
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“(11) (a) Where, in respect of a tenancy, a landlord serves on a tenant a notice of termination, the landlord shall comply with subsection (1) of section 39A.
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(b) A notice of termination referred to in paragraph (a) served in contravention of subsection (1) of section 39A shall be invalid.”,
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and
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(f) by the insertion of the following subsections after subsection (11):
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“(12) Upon receipt of a copy of a notice of termination under section 39A, for the purpose of facilitating the making of an offer referred to in paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table, the Board shall—
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(a) invite the tenant concerned, to confirm or provide, as appropriate, his or her contact details in writing to the Board, and
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(b) request the consent of the tenant to the provision of his or her contact details by the Board to the landlord upon request.
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(13) Where a landlord is required to make an offer referred to in paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table, but cannot contact the tenant concerned despite having made reasonable inquiry to ascertain the tenant’s current contact details, he or she shall, for the purpose of making that offer, make a request in writing to the Board seeking the contact details of the tenant.
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(14) Where a landlord makes a request under subsection (13), the Board shall—
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(a) where the tenant concerned has provided his or her contact details and consent under subsection (12) or pursuant to a notice under paragraph (b), provide the contact details of the tenant to the landlord as soon as practicable on or after the date of the request, or
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(b) where the tenant concerned has not provided his or her contact details or consent under subsection (12), as soon as practicable on or after the date of the request, notify the tenant that—
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(i) a request under subsection (13) has been received, and
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(ii) unless the tenant provides his or her contact details and consent under subsection (12) to the Board within a period of 7 days after the date of the notice, the landlord shall not be required to make an offer under paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table.
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(15) Where the contact details of a tenant cannot be ascertained by reasonable inquiry by a landlord or by the Board under subsection (12) or (14), the landlord shall not be required to make an offer under paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table.”.
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(2) The amendments to section 35 of the Act of 2004 under subsection (1) shall apply to a notice of termination served on or after the commencement of subsection (1).
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