Residential Tenancies and Valuation Act 2020
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Application of Part | ||
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4. (1) Subject to subsection (2), this Part applies in relation to a tenant who serves a declaration in writing (in such form as may be specified by the Board) on the Board, and a true copy thereof on the landlord, in relation to the tenancy of a dwelling that— | ||
(a) he or she is a relevant person, and | ||
(b) as a consequence thereof, there is a significant risk that that tenancy of the dwelling will be terminated by the landlord, | ||
and references in this Part to tenant or tenancy of a dwelling shall be construed accordingly. | ||
(2) A person who makes a declaration referred to in subsection (1) that is false or misleading in any material respect shall be guilty of an offence. | ||
(3) Section 6 of the Act of 2004 is amended, in subsection (1), by the insertion immediately after “this Act” of “or section 4 of the Residential Tenancies and Valuation Act 2020. | ||
(4) Section 9 of the Act of 2004 is amended by— | ||
(i) the insertion immediately after “this Act” in subsection (1) of “or section 4 of the Residential Tenancies and Valuation Act 2020”, | ||
(ii) the insertion immediately after “this Act” in subsection (2) of “or section 4 of the Residential Tenancies and Valuation Act 2020”, | ||
(iii) the insertion immediately after “this Act” in subsection (3) of “or section 4 of the Residential Tenancies and Valuation Act 2020”, and | ||
(iv) the insertion immediately after “this Act” in subsection (5) of “or section 4 of the Residential Tenancies and Valuation Act 2020”. | ||
(5) For the purposes of this section, a document is a true copy of a declaration referred to in subsection (1) if it is certified in writing by the person who made the declaration to be a true copy of that declaration. | ||
(6) In this section “relevant person” means a person who is not able to comply with his or her obligations under the Act of 2004 in relation to the payment of rent due in respect of the tenancy of a dwelling by reason of— | ||
(a) his or her being a person— | ||
(i) to whom subsection (7) (inserted by section 5 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 ) of section 40 of the Act of 2005 applies, or | ||
(ii) belonging to a category prescribed under subsection (8) of the said section 40, | ||
(b) his or her having, at any time during the period commencing on 9 March 2020 and ending on 10 January 2021, been a person— | ||
(i) to whom the said subsection (7) applied, or | ||
(ii) belonging to such category, | ||
or | ||
(c) his or her being, or having been, in receipt of (or entitled to receive), in respect of the period referred to in paragraph (b) or any part of that period— | ||
(i) the temporary wage subsidy (within the meaning of section 28 of the Act of 2020), | ||
(ii) supplementary welfare allowance (within the meaning of Chapter 9 of Part 3 of the Act of 2005) or a supplement under subsection (3) of section 198 of the Act of 2005, paid for the purpose of alleviating financial hardship resulting from the loss of employment occasioned by— | ||
(I) the spread, or risk of spread of, Covid-19, or | ||
(II) measures adopted by the State to prevent the spread of that disease, | ||
or | ||
(iii) any other payment out of public moneys provided for by or under statute, paid for the purpose of alleviating financial hardship resulting from the loss of employment occasioned by— | ||
(I) the spread, or risk of spread of, Covid-19, or | ||
(II) measures adopted by the State to prevent the spread of that disease. |