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Restriction on termination of certain tenancies by landlords
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40. The Act of 2004 is amended by inserting the following section after section 35:
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“35A. (1) In this section—
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‘development’ means a development consisting of land upon which there stands erected a building or buildings comprising a unit or units where, as respects such unit or units, it is intended that amenities, facilities and services are to be shared;
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‘relevant period of time’ means any period of 6 months within the period—
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(a) beginning with the offering for sale in the development concerned of the first dwelling the subject of a tenancy, and
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(b) ending with the offering for sale in that development of the last dwelling the subject of a tenancy.
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(2) Except where subsection (3) or (4) applies, a Part 4 tenancy shall not be terminated by the landlord on the ground specified in paragraph 3 of the Table to section 34 where the landlord intends to enter into an enforceable agreement—
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(a) in respect of dwellings situated within the development concerned,
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(b) for the transfer to another, for full consideration, of the whole of his or her interest in 10 or more of those dwellings, each being the subject of such a tenancy, and
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(c) to so transfer during a relevant period of time.
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(3) (a) Subsection (2) does not apply where the landlord can show to the satisfaction of the Board—
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(i) that the price to be obtained by selling at market value the dwelling that is the subject of an existing tenancy to which Part 4 applies is more than 20 per cent below the market value that could be obtained for the dwelling with vacant possession, and
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(ii) that the application of that subsection would, having regard to all the circumstances of that case—
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(I) be unduly onerous on that landlord, or
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(II) would cause undue hardship on that landlord.
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(b) In paragraph (a)(i), the reference to the market value of the dwelling is a reference to the estimated amount that would be paid by a willing buyer to a willing seller in an arm’s-length transaction after proper marketing (where appropriate) where both parties act knowledgeably, prudently and without compulsion.
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(4) Where, before the commencement of section 40 of the Planning and Development (Housing) and Residential Tenancies Act 2016, a notice under section 34 of this Act has been served on a tenant specifying as one of the grounds for termination the ground in paragraph 3 of the Table to section 34, then that section shall continue to apply to that notice as if the said section 40 had not been enacted.
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(5) Subject to subsection (4), this section applies to all tenancies, including a tenancy created before the coming into operation of this section.”.
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