|
|
|
Amendment of section 35 of Act of 2004
|
| |
13. Section 35 of the Act of 2004 is amended—
|
|
| |
(a) in subsection (5), by—
|
|
| |
(i) the substitution of “paragraph (aa) of subsection (8) and paragraph 4(b), 5(b) and 6(b) of the Table” for “paragraph 4(b), 5(b) and 6(b) of the Table”, and
|
|
| |
(ii) the insertion of “statutory declaration or” before “statement concerned”,
|
|
| |
(b) in subsection (6), by the substitution of “paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table,” for “paragraph 4(b), 5(b) or 6(b) of the Table”,
|
|
| |
(c) in subsection (8), by—
|
|
| |
(i) the deletion, in paragraph (a), of “and”, and
|
|
| |
(ii) the insertion of the following paragraph:
|
|
| |
“(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,
|
|
| |
and”,
|
|
| |
and
|
|
| |
(d) the insertion of the following subsection:
|
|
| |
“(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.”.
|
