Residential Tenancies and Valuation Act 2020

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Amendment of section 67 of Act of 2004

12. Section 67 of the Act of 2004 is amended by—

(a) the substitution of the following paragraph for paragraph (aa) of subsection (2):

“(aa) in the case of the termination of a Part 4 tenancy, 28 days (regardless of the duration of the tenancy) provided that, where the reason for such termination is the failure by the tenant to pay an amount of rent due, the condition specified in subsection (3) is satisfied,”,

(b) the substitution of the following subsection for subsection (3):

“(3) The condition that applies in respect of paragraph (aa) and subparagraph (ii) of paragraph (b) of subsection (2) is that—

(a) the tenant and the Board have been given a notification (in such form as may be specified by the Board) in writing by the landlord that such amount of rent due as is specified in the notification has not been paid to the landlord, and

(b) that amount is not paid to the landlord within the period of 28 days following—

(i) receipt of the notification by the tenant, or

(ii) receipt of the notification by the Board,

whichever occurs later.”,

and

(c) the insertion of the following subsections:

“(3A) Where the Board receives a notification under subsection (3), it shall forthwith—

(a) provide the tenant concerned with such information in writing as will enable him or her to obtain advice of the type referred to in paragraph (ca)(inserted by paragraph (a) of section 28 of the Social Welfare (Miscellaneous Provisions) Act 2008 ) of subsection (1) of section 7 of the Comhairle Act 2000 , and

(b) request the tenant to give his or her consent to the Board’s assisting the tenant in obtaining such advice.

(3B) The Board shall assist a tenant in obtaining advice referred to in subsection (3A) if the tenant gives his or her consent pursuant to a request referred to in that subsection.

(3C) Service of a notice of termination for failure by a tenant to pay an amount of rent due in respect of the tenancy of a dwelling shall be deemed to be invalid if the landlord contravenes subsection (1) of section 39A (inserted by section 11 of the Residential Tenancies and Valuation Act 2020).”.