Termination of Tenancies
Residential Tenancies Act
Termination of Part 4 tenancy
Restriction on termination by landlord.
33.—A Part 4 tenancy may not be terminated by the landlord save in accordance with section 34 .
Additional requirements relating to termination by landlord
F90 [ 33A. Without prejudice to section 33 , in addition to the grounds for termination by a landlord under section 34 , in accordance with section 57(b) , Part 5 shall apply in relation to the termination of a Part 4 tenancy by a landlord. ]
Annotations
Amendments:
F90
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2016 (42/2016), s. 27, S.I. No. 119 of 2016.
Editorial Notes:
E79
The section heading is taken from the amending section in the absence of one included in the amendment.
Grounds for termination by landlord.
34.— F91 [ Subject to section 35A , a Part 4 tenancy ] may be terminated by the landlord—
( a) on one or more of the grounds specified in the Table to this section if—
(i) a notice of termination giving the required period of notice is served by the landlord in respect of the tenancy, F92 [ … ]
F93 [ (ii) the notice of termination cites as the reason for the termination the ground or grounds concerned and contains or is accompanied —
(I) in the case of paragraph 2 , 5 or 6 of that Table, by the statement referred to in that paragraph, and
(II) in the case of paragraph 3 or 4 of that Table, by the statutory declaration referred to in that paragraph,
and ]
F94 [ (iii) in the case of a notice of termination that cites as the reason for the termination the ground specified in paragraph 5 , the notice of termination contains or is accompanied by a certificate in writing of a registered professional (within the meaning of the Building Control Act 2007 ) stating that —
(I) the proposed refurbishment or renovation works would pose a risk to the health or safety of the occupants of the dwelling concerned and should not proceed while the dwelling is occupied, and
(II) such a risk is likely to exist for such period as is specified in the certificate which shall not be less than 3 weeks, ]
( b) irrespective of whether any of those grounds exist, if—
(i) a notice of termination giving the required period of notice is served by the landlord in respect of the tenancy, and
(ii) that period of notice expires on or after the end of the period of F95 [ 6 years ] mentioned in section 28 (2)(a) in relation to the tenancy.
TABLE
Grounds for termination
1. The tenant has failed to comply with any of his or her obligations F96 [ (other than the obligation to which paragraph (a) of section 16 applies) ] in relation to the tenancy (whether arising under this Act or otherwise) and, unless the failure provides an excepted basis for termination—
( a) the tenant has been notified F97 [ in writing ] of the failure by the landlord and that notification states that the landlord is entitled to terminate the tenancy if the failure is not remedied within a reasonable time specified in that notification, and
( b) the tenant does not remedy the failure within that specified time.
F98 [ 1A. The tenant has failed to comply with paragraph (a) of section 16 in relation to the tenancy concerned and the condition specified in subsection (3) (inserted by paragraph (b) of section 12 of the Residential Tenancies and Valuation Act 2020) of section 67 has been satisfied. ]
2. The dwelling is no longer suitable to the accommodation needs of the tenant and of any persons residing with him or her having regard to the number of bed spaces contained in the dwelling and the size and composition of the occupying household F97 [ and the notice of termination is accompanied by a statement referred to in section 35 ] .
3. The landlord intends, within F99 [ 9 months ] after the termination of the tenancy under this section, to enter into an enforceable agreement for the transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling F97 [ and the notice of termination is accompanied by a statutory declaration referred to in section 35 ] .
4. The landlord requires the dwelling or the property containing the dwelling for his or her own occupation or for occupation by a member of his or her family and the notice of termination (the “notice”) contains or is accompanied F100 [ by a statutory declaration ]—
( a) specifying—
(i) the intended occupant’s identity and (if not the landlord) his or her relationship to the landlord, and
(ii) the expected duration of that occupation,
and
( b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied—
(i) the dwelling is vacated by the person referred to in subparagraph (a) within the period of F99 [ 12 months ] from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, and
(ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 2, 3 or 6 of this Table.
5. The landlord intends to substantially refurbish or renovate the dwelling or the property containing the dwelling in a way which requires the dwelling to be vacated for that purpose (and, where planning permission is required for the carrying out of that refurbishment or renovation, that permission has been obtained) and the notice of termination (the “notice”) contains or is accompanied, in writing, by a statement—
( a) specifying the nature of the F100 [ intended works, ]
F97 [ ( aa ) that, in a case where planning permission has been obtained, a copy of the planning permission is attached to the notice or statement,
( ab ) that planning permission is not required and he or she has complied with the requirements of section 35(9)(b) , and ]
( b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied—
F99 [ (i) the dwelling becomes available for reletting by reason of the completion of the works of refurbishment or renovation, and ]
(ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1,1A, 2, 3 or 6 of this Table.
6. The landlord intends to change the use of the dwelling or the property containing the dwelling to some other use (and, where planning permission is required for that change of use, that permission has been obtained) and the notice of termination (the “notice”) contains or is accompanied, in writing, by a statement—
( a) specifying the nature of the F100 [ intended use, ]
F97 [ ( aa ) that, in a case where planning permission has been obtained, a copy of the planning permission is attached to the notice or statement,
( ab ) as to whether any works are to be carried out in respect of the change of use and where such works are required to be carried out, specifying —
(i) details of those works,
(ii) the name of the contractor, if any, employed to carry out such works, and
(iii) the dates on which the intended works are to be carried out and the proposed duration of the period in which those works are to be carried out,
and ]
( b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied—
(i) the dwelling becomes available for reletting within the period of F99 [ 12 months ] from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, and
(ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 2 or 3 of this Table.
Annotations
Amendments:
F91
Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 38, S.I. No. 7 of 2017.
F92
Deleted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 12(1)(a), S.I. No. 236 of 2019.
F93
Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 12(b), S.I. No. 236 of 2019.
F94
Inserted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 12(c), S.I. No. 236 of 2019.
F95
Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 ref. no. 1, in effect as per s. 1(3)(b) and s. 37(3), which provides “(3) This section applies to all tenancies created after the coming into operation of this section.”
F96
Inserted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 9(a), commenced on enactment.
F97
Inserted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 28(a)-(c), (e)(ii), (iii), (f)(ii), S.I. No. 216 of 2016.
F98
Inserted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 9(b), commenced on enactment.
F99
Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 12(2)(a)-(d), S.I. No. 236 of 2019.
F100
Substituted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 28(d), (e)(i), (f)(i), S.I. No. 216 of 2016.
F101
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
Modifications (not altering text):
C37
Prospective affecting provision: para. (b) deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
( b) F101 [ … ]
C38
Application of Table, paras. 3, 4, 5 and 6 restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 32(3), S.I. No 424 of 2021.
Application of Act of 2004
32. …
(3) The grounds for termination of a residential tenancy in paragraphs 3, 4, 5 and 6 of the Table to section 34 of the Act of 2004 shall not apply where the tenancy is a cost rental tenancy.
…
Editorial Notes:
E80
Previous affecting provision: Table, para. 5(b)(i) amended (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 28(e)(ii), S.I. No. 216 of 2016; subpara. (i) substituted as per F-note above.
Table to section 34 :
interpretation and supplemental.
35.—(1) In this section the “Table” means the Table to section 34 .
(2) In paragraph 1 of the Table “remedy the failure” means—
( a) in the case of a failure that does not result in financial loss or damage to the landlord or his or her property, to desist from the conduct that constitutes the failure or, if the failure consists of an omission to comply with an obligation, comply with that obligation, and
( b) in the case of a failure that does result in financial loss or damage to the landlord or his or her property—
(i) to pay adequate compensation to the landlord F102 [ … ] or repair the damage fully, and
(ii) unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be.
(3) In paragraph 1 of the Table the reference to a failure that provides an excepted basis for termination is a reference to a failure to comply with section 16 (h) where the behaviour in question falls within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17(1) .
(4) In paragraph 4 of the Table the reference to a member of the landlord’s family is a reference to any spouse F103 [ , civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ], child, stepchild, foster child, grandchild, parent, grandparent, step parent, parent-in-law, brother, sister, nephew or niece of the landlord or a person adopted by the landlord under the Adoption Acts 1952 to 1998.
(5) In F104 [ paragraph (aa) of subsection (8) and paragraph 4(b) , 5(b) and 6(b) of the Table ] the reference to the contact details requirement being complied with is a reference to the following requirement being complied with, namely, a requirement (which shall be specified in the F105 [ statutory declaration or ] statement concerned) that the former tenant notify in writing the landlord—
( a) within 28 days from the service of the notice of termination concerned, or, if a dispute as to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, of the means by which he or she can be contacted by the landlord so that the offer concerned can be made to him or her, and
( b) as soon as practicable after any such change occurs, of any change in the means (as so notified) by which the former tenant can be contacted for that purpose.
(6) If an offer such as is referred to in F104 [ paragraph (aa) of subsection (8) , or paragraph 4(b) , 5(b) or 6(b) of the Table, ] is accepted (within such reasonable period as shall be specified for that purpose in the offer) by the former tenant concerned (the “accepter”)—
( a) the resulting agreement is enforceable by the accepter (as well as by the offeror), and
( b) occupation by the accepter under the tenancy created in favour of him or her on foot of that agreement shall, together with his or her occupation under the former tenancy, be regarded, for the purposes of this Act, as continuous occupation by the accepter under the one tenancy.
F106 [ (7) The statement to accompany a notice of termination in respect of a termination referred to in paragraph 2 of the Table shall specify —
( a ) the bed spaces in the dwelling, and
( b ) the grounds on which the dwelling is no longer suitable having regard to the bed spaces referred to in paragraph (a) and the size and composition of the occupying household.
F107 [ (8) The statutory declaration that is to accompany a notice of termination in respect of a termination referred to in paragraph 3 of the Table shall include —
( a ) a declaration that the landlord intends to enter into an enforceable agreement to transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling, F108 [ … ]
F105 [ ( aa ) a declaration that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the following conditions are satisfied:
(i) the contact details requirement is complied with;
(ii) the landlord does not enter into an enforceable agreement of the type referred to in paragraph 3 of the Table within the period specified in that paragraph commencing —
(I) on the expiration of the period of notice required to be given under subparagraph (i) of paragraph (a) of section 34, or
(II) in circumstances where a dispute in relation to the validity of the notice is referred to the Board under Part 6 for resolution, on the final determination of that dispute;
and
(iii) the tenancy to which the notice relates has not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 2 or 6 of the Table, ]
( b ) where section 35A(3)(a) applies, a declaration that section 35A(2) does not apply to the said notice of termination as 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 that the application of that subsection would, having regard to all the circumstances of that case be unduly onerous on, or would cause undue hardship on, that landlord. ]
(9) A notice of termination in respect of a termination made on the ground specified in paragraph 5 of the Table, or the statement referred to in that paragraph shall —
( a ) for the purposes of the statement referred to in subparagraph (aa) of paragraph 5 of the Table, be accompanied by a copy of the planning permission required for the carrying out of the refurbishment or renovation of the dwelling concerned, and
( b ) specify, where planning permission is not required —
(i) the name of the contractor, if any, employed to carry out the intended works, and
(ii) the dates on which the intended works are to be carried out and the proposed duration of the period in which those works are to be carried out.
(10) A notice of termination in respect of a termination made on the ground specified in paragraph 6 of the Table, or the statement referred to in that paragraph shall, for the purposes of the statement referred to in subparagraph (aa) of paragraph 6 of the Table, be accompanied by a copy of the planning permission required for the carrying out of the change of use of the dwelling concerned. ]
F105 [ (11) Where, in respect of a tenancy, a landlord serves on a tenant a notice of termination that cites, as a reason for the termination, a ground specified in the Table, the landlord shall give a copy of the notice of termination to the Board not later than 28 days after the expiration of the period of notice given by the notice of termination. ]
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.
(b) A notice of termination referred to in paragraph (a) served in contravention of subsection (1) of section 39A shall be invalid.”,
and
(f) by the insertion of the following subsections after subsection (11):
“(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—
(a) invite the tenant concerned, to confirm or provide, as appropriate, his or her contact details in writing to the Board, and
(b) request the consent of the tenant to the provision of his or her contact details by the Board to the landlord upon request.
(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.
(14) Where a landlord makes a request under subsection (13), the Board shall—
(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
(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—
(i) a request under subsection (13) has been received, and
(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.
(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.”.
Annotations
Amendments:
F102
Deleted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 10, commenced on enactment.
F103
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 40(a), S.I. No. 648 of 2010.
F104
Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 13(a)(i), (b), S.I. No. 236 of 2019.
F105
Inserted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 13(a)(ii), (c)(ii), (d), S.I. No. 236 of 2019.
F106
Inserted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 29, S.I. No. 216 of 2016.
F107
Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 39, S.I. No. 7 of 2017.
F108
Deleted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 13(c)(i), S.I. No. 236 of 2019.
Restriction on termination of certain tenancies by landlords
F109 [ 35A. (1) In this section —
“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;
“relevant period of time” means any period of 6 months within the period —
( a ) beginning with the offering for sale in the development concerned of the first dwelling the subject of a tenancy, and
( b ) ending with the offering for sale in that development of the last dwelling the subject of a tenancy.
(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 —
( a ) in respect of dwellings situated within the development concerned,
( 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
( c ) to so transfer during a relevant period of time.
(3) ( a ) Subsection (2) does not apply where the landlord can show to the satisfaction of the Board —
(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
(ii) that the application of that subsection would, having regard to all the circumstances of that case —
(I) be unduly onerous on that landlord, or
(II) would cause undue hardship on that landlord.
( 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.
(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.
(5) Subject to subsection (4) , this section applies to all tenancies, including a tenancy created before the coming into operation of this section. ]
Annotations
Amendments:
F109
Inserted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 40, S.I. No. 7 of 2017.
Editorial Notes:
E81
The section heading is taken from the amending section in the absence of one included in the amendment.
Termination by tenant.
36.—(1) A tenant may terminate a Part 4 tenancy by serving on the landlord in respect of the tenancy a notice of termination giving the required period of notice.
(2) This section is without prejudice to Chapter 6.
Deemed termination by tenant.
37.—(1) Subject to subsection (3), a Part 4 tenancy shall be deemed to have been terminated by the tenant on his or her vacating the dwelling if—
( a) before or on or about that vacating, he or she serves a notice of termination in respect of the tenancy that does not give the required period of notice, and
( b) before or on that vacating the rent has fallen into arrears.
(2) Subject to subsection (3), a Part 4 tenancy shall also be deemed to have been terminated by the tenant upon any rent owed by him or her being in arrears for a period of 28 days or more if—
( a) whether before or after the end of that period, the tenant has vacated the dwelling, and
( b) no notice of termination has been served by the tenant in respect of the tenancy.
(3) Subsections (1) and (2) do not apply if the Part 4 tenancy has been sub-let or assigned.
(4) Nothing in the preceding subsections affects the liability of the tenant for rent for the period that would have elapsed had a notice of termination giving the required period of notice been served by him or her.
(5) This section is subject to Chapter 6.
Effect of assignment of Part 4 tenancy.
38.—(1) If a Part 4 tenancy is assigned by the tenant with the consent of the landlord then if the assignment is—
( a) to a person, other than a sub-tenant of the dwelling concerned, the assignment shall operate to convert the Part 4 tenancy of the dwelling into a periodic tenancy of the dwelling and the protection provided by section 28 for the assignor shall accordingly cease (but without prejudice to that section’s fresh application in relation to the assignee should the circumstances mentioned in that section occur),
( b) to a sub-tenant of the dwelling concerned, the protection provided by section 28 for the assignor shall cease (but without prejudice to the Part 4 tenancy’s continued subsistence as provided for in subsection (2) ).
(2) If the assignment is to a sub-tenant of the dwelling concerned, the Part 4 tenancy shall continue in being (but in favour of that person and not the assignor) for the period that it would have continued in being had the assignment not been made and subject to the provisions of this Chapter; accordingly—
( a) the assignee shall become the tenant of the landlord under the Part 4 tenancy,
( b) the terms of the Part 4 tenancy shall continue to be those under which the assignor held the tenancy immediately before the assignment unless the assignee and the landlord agree to a variation of them, and
( c) the assignee’s sub-tenancy of the dwelling shall merge with the Part 4 tenancy.
(3) Subsection (2)(c) does not affect the liabilities (if any) of the assignee to the assignor (or of the assignor to the assignee) that have arisen by virtue of the sub-tenancy concerned.
(4) The assignment of a Part 4 tenancy with respect to only part of the dwelling, the subject of the tenancy, is prohibited.
(5) Any such assignment purported to be made is void.
Termination on tenant’s death.
39.—(1) Subject to subsections (2) F110 [ , (4) and (6) ] , a Part 4 tenancy shall terminate on the death of the tenant.
(2) Where the 2 conditions specified in subsection (3) are satisfied—
( a) subsection (1) does not apply, and
( b) the Part 4 tenancy concerned, accordingly, continues in being, subject to the other provisions of this Chapter, for the period for which it would otherwise have continued in being had the tenant concerned not died.
(3) Those conditions are—
( a) the dwelling, at the time of the death of the tenant concerned, was occupied by—
(i) a spouse F111 [ or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ] of the tenant,
(ii) a person who was not a spouse of the tenant but who F112 [ was the tenant ’ s cohabitant within the meaning of section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and lived with the tenant ] in the dwelling for a period of at least 6 months ending on the date of the tenant’s death,
(iii) a child, stepchild or foster child of the tenant, or a person adopted by the tenant under the Adoption Acts 1952 to 1998, being in each case aged 18 years or more, or
(iv) a parent of the tenant,
and
( b) one or more than one of the foregoing persons elects in writing to become a tenant or tenants of the dwelling.
(4) This section is subject to Chapter 6; without limiting the generality of this subsection, subsections (2) and (3) are not to be read as derogating from the operation of Chapter 6 in circumstances where a person referred to in subsection (3) is a multiple tenant (within the meaning of that Chapter) of the dwelling concerned.
(5) Irrespective of the number of instances of the application to the same dwelling of subsection (2) (by reason of a series of deaths of tenants), the Part 4 tenancy concerned shall not continue in being any longer than it would otherwise have continued in being had the first of those deaths not occurred.
F113 [ (6) In respect of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), a person to whom subsection (3)(a) applies shall not elect, under s ubsection (3)(b) , to become a tenant, or tenants, of such dwelling unless —
( a ) in the case of a dwelling referred to in section 3(4)(a) , he or she is a member of a household referred to in section 3(4)(a) , or
( b ) in the case of a dwelling referred to in section 3(4)(b) , he or she is a member of a household referred to in section 3(4)(b) . ]
Annotations
Amendments:
F110
Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 10(a), S.I. No. 151 of 2016.
F111
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 40(b), S.I. No. 648 of 2010.
F112
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 203, S.I. No. 648 of 2010.
F113
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 10(b), S.I. No. 151 of 2016.
F114 [
Referral of notice of termination to adjudicator
under Act of 2004
39A. (1) Where a landlord serves a notice of termination in relation to the tenancy of a dwelling for failure by the tenant to comply with paragraph (a) of section 16 , he or she shall, on the day on which he or she so serves that notice of termination, serve a copy thereof on the Board.
(2) The Board shall, upon receiving a copy of a notice of termination from a landlord, notify the tenant in writing of his or her entitlements under section 76 period after which, under section 80, a dispute may not be referred to the Board and give the tenant and the landlord a copy of the statement given under paragraph (e) of subsection (4) of section 135” after “section 76”..
(3) Where the tenant refers a matter in connection with the notice of termination to the Board for resolution under section 76 , the adjudicator appointed under section 97 to inquire into the dispute shall have regard to any advice referred to in subsection (3A) of section 67 (inserted by section 12 of the Residential Tenancies and Valuation Act 2020) when making a decision or determination under subsection (4) of section 97 in relation to the matter.
(4) The Tribunal shall, on the hearing of an appeal from a decision or determination of an adjudicator referred to in subsection (3) , have regard to any advice referred to in subsection (3A) of section 67 when making a decision or determination under section 108 . ]
Annotations:
Amendments:
F114
Inserted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 11, commenced on enactment.
Editorial Notes:
E82
The section heading is taken from the amending section in the absence of one included in the amendment.
.
……..
Damages for abuse of section 34 termination procedure.
56.—(1) This section applies where—
( a) a tenant under a Part 4 tenancy, or under a further Part 4 tenancy, has vacated possession of the dwelling concerned on foot of a notice of termination served under section 34(a) ,
( b) that notice of termination cited as the reason for the termination one or more of the grounds specified in paragraphs 3 to 6 of the Table to section 34 , and
( c) F135 [ (i) in case the ground cited is that specified in paragraph 3 of that Table —
(I) an enforceable agreement of the type referred to in that paragraph is not entered into within the period specified therein,
(II) the notice of termination is not accompanied by the statutory declaration referred to in section 35 , or
(III) the offer referred to in paragraph (aa) of subsection (8) of section 35 is not made in circumstances where the conditions specified in the said paragraph (aa) are satisfied, ]
(ii) in case the ground cited is that specified in paragraph 4 of that Table, the occupation by the person concerned does not take place within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,
(iii) in case the ground cited is that specified in paragraph 5 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,
(iv) in case the ground cited is that specified in paragraph 6 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph.
(2) Where this section applies, the tenant may make a complaint to the Board under Part 6 that, by reason of the matters mentioned in subsection (1), he or she has been unjustly deprived of possession of the dwelling concerned by the landlord.
(3) An adjudicator or the Tribunal, on the hearing of such a complaint, may, if he or she or it considers it proper to do so, make—
( a) a determination comprising a direction that the landlord shall pay to the complainant an amount by way of damages for that deprivation of possession,
( b) subject to section 118 , a determination comprising a direction that the complainant be permitted to resume possession of the dwelling concerned, or
( c) subject to section 118 , a determination comprising both of the foregoing directions.
(4) Damages may not be directed to be paid to a particular person, in respect of the same deprivation of possession, under both subsection (3) and section 118(1) .
(5) If 2 or more of the grounds specified in paragraphs 3 to 6 of the Table to section 34 were cited in the notice of termination concerned, then paragraph (c) of subsection (1) shall be read as meaning that an omission of the kind mentioned in that paragraph must have occurred in relation to each of those grounds.
(6) For the avoidance of doubt—
( a) this section applies even though the tenant vacated possession of the dwelling only after a dispute in relation to the validity of the notice of termination was finally determined under Part 6 (but in such a case subsection (1) has effect as if the paragraph set out in the Table to this section were substituted for paragraph (c) of that subsection), and
( b) this section is without prejudice to the tenant’s right to put in issue, in a dispute in relation to the validity of the notice of termination referred to the Board under Part 6, the bona fides of the intention of the landlord to do or, as appropriate, permit to be done the thing or things mentioned in the notice.
TABLE
( c) F135 [ (i) in case the ground cited is that specified in paragraph 3 of that Table —
(I) an enforceable agreement of the type referred to in that paragraph is not entered into within the period of 9 months after the tenant ceases to occupy the dwelling following the final determination of the dispute in relation to the validity of the notice of termination, or
(II) an enforceable agreement of the type referred to in that paragraph is not entered into within that period and the conditions specified in paragraph (aa) of subsection (8) of section 35 are not satisfied, ]
(ii) in case the ground cited is that specified in paragraph 4 of that Table, the occupation by the person concerned does not take place within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,
(iii) in case the ground cited is that specified in paragraph 5 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,
(iv) in case the ground cited is that specified in paragraph 6 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph.