Residential Tenancies Act 2004
Termination of tenancies restricted to means provided by this Part. |
58.—(1) From the relevant date, a tenancy of a dwelling may not be terminated by the landlord or the tenant by means of a notice of forfeiture, a re-entry or any other process or procedure not provided by this Part. | |
(2) Accordingly, the termination by the landlord or the tenant of— | ||
(a) more beneficial rights referred to in section 26 that the tenant enjoys under a tenancy than those created by Part 4, or | ||
(b) a tenancy to which section 25 applies, | ||
must be effected by means of a notice of termination that complies with this Part. | ||
(3) Each of the following— | ||
(a) a tenancy referred to in subsection (2)(a) (unless it expressly excludes this means of termination), | ||
(b) a tenancy referred to in subsection (2)(b), and | ||
(c) a tenancy of a dwelling created before or after the relevant date in so far as its operation is not affected by Part 4, | ||
shall be construed as including a term enabling its termination by means of a notice of termination that complies with this Part (but, in the case of a tenancy that is for a fixed period, unless it provides otherwise, only where there has been a failure by the party in relation to whom the notice is served to comply with any obligations of the tenancy). |