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Deferment of termination dates of certain tenancies
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2. (1) Subject to subsection (2), where—
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(a) a notice of termination served by a landlord on or before the date of the passing of this Act specifies a termination date that falls during the winter emergency period, or
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(b) a dispute in relation to the termination of a tenancy is referred to the Residential Tenancies Board under Part 6 of the Act of 2004 and a determination order issued pursuant to section 121 of that Act in relation to the dispute specifies a termination date that falls during the winter emergency period,
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the termination date shall be deemed to be the deferred termination date specified in subsection (3).
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(2) Subsection (1) shall not apply to a notice of termination served by a landlord where—
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(a) there is a failure by the tenant to comply with one or more than one of his or her obligations under section 16 of the Act of 2004, or
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(b) the notice of termination cites as a reason for the termination concerned a ground specified in paragraph 1, 1A or 2 of the Table to section 34 of the Act of 2004.
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(3) Where subsection (1) applies to a termination date that falls during a period referred to in column (2) of the table at a reference number in column (1) in respect of a tenancy the duration of which is referred to in column (3) at the same reference number, the deferred termination date is the date referred to in column (4) at the same reference number.
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Table
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Reference Number
(1)
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Period during which termination date falls
(2)
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Tenancy duration
(3)
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Deferred termination date
(4)
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1
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Beginning on the day after the date of the passing of Act and ending on 31 January 2023
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Less than 6 months
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1 May 2023
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2
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Beginning on 1 February 2023 and ending on 31 March 2023
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Less than 6 months
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18 June 2023
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3
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Beginning on the day after the date of the passing of Act and ending on 31 January 2023
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Not less than 6 months but less than 1 year
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1 May 2023
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4
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Beginning on 1 February 2023 and ending on 31 March 2023
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Not less than 6 months but less than 1 year
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1 June 2023
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5
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Beginning on the day after the date of the passing of Act and ending on 31 January 2023
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Not less than 1 year but less than 7 years
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15 April 2023
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6
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Beginning on 1 February 2023 and ending on 31 March 2023
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Not less than 1 year but less than 7 years
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1 May 2023
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7
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Beginning on the day after the date of the passing of Act and ending on 31 March 2023
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Not less than 7 years
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1 April 2023
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(4) A person shall not, by virtue of the operation of this section, acquire any rights under Part 4 of the Act of 2004.
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