Residential Tenancies (Amendment) Act 2021
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Amendment of Principal Act consequent upon section 5 | ||
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6. (1) The Principal Act is amended— | ||
(a) in section 3, by the insertion, in subsection (3), of “(other than a Part 4 tenancy)” after “does not include a tenancy”, | ||
(b) by the substitution of the following section for section 29: | ||
“29. For the purposes of this Act, each of the following is a Part 4 tenancy: | ||
(a) a tenancy that continues in existence by virtue of subsection (1) (inserted by subsection (1) of section 5 of the Residential Tenancies (Amendment) Act 2021) of section 28; | ||
(b) a tenancy that continues in existence in accordance with subsection (3) of section 5 of the Residential Tenancies (Amendment) Act 2021; | ||
(c) a new tenancy referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021.”, | ||
(c) in section 30, by the substitution of the following subsection for subsection (1): | ||
“(1) Subject to subsections (2) and (3), the terms of a Part 4 tenancy shall— | ||
(a) in the case of a tenancy that continues in existence by virtue of subsection (1) (inserted by subsection (1) of section 5 of the Residential Tenancies (Amendment) Act 2021) of section 28, be those of the tenancy of which it is a continuation, | ||
(b) in the case of a tenancy that continues in existence in accordance with subsection (3) of section 5 of the Residential Tenancies (Amendment) Act 2021, be those of the tenancy of which it is a continuation, and | ||
(c) in the case of a new tenancy of a dwelling referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021, be those of the tenancy of that dwelling immediately preceding the new tenancy.”, | ||
and | ||
(d) in section 64B, by the insertion of the following subsection: | ||
“(1A) (a) For the purposes of this Chapter— | ||
(i) a new tenancy referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021 of a dwelling created immediately following the expiration of a relevant Part 4 tenancy of that dwelling, and | ||
(ii) that relevant Part 4 tenancy, | ||
shall be treated as one tenancy, and references in this Chapter to duration of tenancy shall be construed accordingly. | ||
(b) For the purposes of this Chapter— | ||
(i) a new tenancy referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021 of a dwelling created immediately following the expiration of a relevant further Part 4 tenancy of that dwelling, | ||
(ii) that relevant further Part 4 tenancy, and | ||
(iii) any Part 4 tenancy or further Part 4 tenancy of the dwelling concerned immediately preceding that relevant further Part 4 tenancy, | ||
shall be treated as one tenancy, and references in this Chapter to duration of tenancy shall be construed accordingly. | ||
(c) In this subsection— | ||
‘relevant Part 4 tenancy’ means a Part 4 tenancy that— | ||
(a) came into being before the commencement of section 5 of the Residential Tenancies (Amendment) Act 2021, and | ||
(b) expired on or after such commencement; and | ||
‘relevant further Part 4 tenancy’ means a further Part 4 tenancy that— | ||
(a) came into being before the commencement of section 5 of the Residential Tenancies (Amendment) Act 2021, and | ||
(b) expired on or after such commencement.”. | ||
(2) This section shall come into operation on the day that section 5 comes into operation. |