Residential Tenancies (Amendment) Act 2015
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Certain restrictions for dwellings the subject of a tenancy referred to in section 3(4) of Principal Act | ||
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4. (1) The Principal Act is amended by inserting the following new sections after section 3: | ||
“Restrictions on sub-letting and assignment of tenancy for dwellings referred to in section 3(4) | ||
3A. (1) A tenant of a dwelling the subject of a tenancy that is referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015) shall not assign or sub-let the tenancy. | ||
(2) Any sub-tenancy of a dwelling referred to in section 3(4) that is purported to be created shall be void. | ||
(3) Any assignment of a dwelling referred to in section 3(4) that is purported to be made is void. | ||
(4) Section 16(k) shall not apply in respect of a dwelling the subject of a tenancy referred to in section 3(4). | ||
Application of Act to dwellings referred to in section 3(4): supplemental provisions | ||
3B. For the purposes of the application of this Act to 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) a reference in Part 4 to a ‘continuous period of 6 months’, means a continuous period of 6 months that commences on or after the commencement of section 3(4), | ||
(b) a reference in this Act to ‘relevant date’ shall be construed as meaning the date on which section 3(4) of the Act is commenced, | ||
(c) the ground specified in paragraph 4 of the Table to section 34 shall not apply in respect of the termination of a tenancy in respect of a dwelling the subject of a tenancy referred to in section 3(4), | ||
(d) section 50(7) shall not apply to a licensee of a tenant, or multiple tenants, referred to in section 50(7) of a dwelling the subject of a tenancy referred to in section 3(4), | ||
(e) sections 19, 20, 21 and 22 shall not apply to a dwelling the subject of a tenancy referred to in section 3(4), and | ||
(f) section 139 shall not apply in respect of a dwelling the subject of a tenancy referred to in section 3(4). | ||
Notification to Minister of designations | ||
3C. Where an approved housing body makes a designation referred to in subsection (5) of section 25, it shall notify the Minister of such designation and consent of the public body concerned not later than 6 months after the making of such designation.”. | ||
(2) Section 5 of the Principal Act is amended in the definition of “relevant date” by inserting “or, in the case 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), shall be construed in accordance with section 3B(b) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015)” after “is commenced”. | ||
(3) Section 16(k) of the Principal Act is amended by substituting “subject to section 3A(4) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015), not assign or sub-let” for “not assign or sub-let”. | ||
(4) Section 27 of the Principal Act is amended by inserting “or, in the case 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), shall be construed in accordance with section 3B(a) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015)” after “commences on or after the relevant date”. |