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Deemed termination by tenant.
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37.—(1) Subject to subsection (3), a Part 4 tenancy shall be deemed to have been terminated by the tenant on his or her vacating the dwelling if—
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(a) before or on or about that vacating, he or she serves a notice of termination in respect of the tenancy that does not give the required period of notice, and
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(b) before or on that vacating the rent has fallen into arrears.
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(2) Subject to subsection (3), a Part 4 tenancy shall also be deemed to have been terminated by the tenant upon any rent owed by him or her being in arrears for a period of 28 days or more if—
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(a) whether before or after the end of that period, the tenant has vacated the dwelling, and
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(b) no notice of termination has been served by the tenant in respect of the tenancy.
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(3) Subsections (1) and (2) do not apply if the Part 4 tenancy has been sub-let or assigned.
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(4) Nothing in the preceding subsections affects the liability of the tenant for rent for the period that would have elapsed had a notice of termination giving the required period of notice been served by him or her.
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(5) This section is subject to Chapter 6.
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