Number 27 of 2004

RESIDENTIAL TENANCIES ACT 2004

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

PART 2

Tenancy Obligations of Landlords and Tenants

Chapter 1

Provisions regarding landlord's obligations

Chapter 2

Provisions regarding tenant's obligations

PART 3

Rent and Rent Reviews

PART 4

Security of Tenure

Chapter 1

Preliminary

Chapter 2

Statement of essential protection enjoyed by tenants

Chapter 3

Termination of Part 4 tenancy

Chapter 4

Additional statutory right — further Part 4 tenancy

Chapter 5

Successive further Part 4 tenancies may arise

Chapter 6

Rules governing operation of Part in cases of multiple occupants

Chapter 7

Miscellaneous

PART 5

Tenancy Terminations — Notice Periods and other Procedural Requirements

Chapter 1

Scope of Part and interpretation provisions

Chapter 2

What a valid notice of termination must contain

Chapter 3

Period of notice to be given

Chapter 4

Additional requirements and procedures where tenancy sub-let

Chapter 5

Miscellaneous

PART 6

Dispute Resolution

Chapter 1

Referral of matters to Board for resolution

Chapter 2

Relationship between Part and certain other dispute resolution mechanisms

Chapter 3

Preliminary steps by Board (include power to refer matter to Tribunal)

Chapter 4

Mediation and adjudication

Chapter 5

Tenancy Tribunal

Chapter 6

Dispute resolution by Tribunal

Chapter 7

Supplementary procedural matters

Chapter 8

Redress that may be granted under this Part

Chapter 9

Determination orders and enforcement generally

PART 7

Registration of Tenancies

Chapter 1

Private residential tenancies register

Chapter 2

Procedure for registration

Chapter 3

Updating of register and enforcement of requirement to register

Chapter 4

Data exchange — private residential tenancies

PART 8

Private Residential Tenancies Board

Chapter 1

Establishment and principal functions of Board

Chapter 2

Composition of Board

Chapter 3

Meetings and committees

Chapter 4

Management of Board

Chapter 5

Staff of Board and superannuation matters

Chapter 6

Appointment or engagement of certain persons

Chapter 7

Supplemental provisions with regard to Board's administration and management

Chapter 8

Financial and accountability provisions

PART 9

Miscellaneous

SCHEDULE

Protection for Sub-Tenancies Created out of Part 4 Tenancies

Number 27 of 2004

RESIDENTIAL TENANCIES ACT 2004

AN ACT TO PROVIDE—

(a) IN ACCORDANCE WITH THE EXIGENCIES OF THE COMMON GOOD, FOR A MEASURE OF SECURITY OF TENURE FOR TENANTS OF CERTAIN DWELLINGS,

(b) FOR AMENDMENTS OF THE LAW OF LANDLORD AND TENANT IN RELATION TO THE BASIC RIGHTS AND OBLIGATIONS OF EACH OF THE PARTIES TO TENANCIES OF CERTAIN DWELLINGS,

(c) WITH THE AIM OF ALLOWING DISPUTES BETWEEN SUCH PARTIES TO BE RESOLVED CHEAPLY AND SPEEDILY, FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN BORD UM THIONÓNTACHTAÍ CÓNAITHE PRÍOBHÁIDEACHA OR, IN THE ENGLISH LANGUAGE, THE PRIVATE RESIDENTIAL TENANCIES BOARD AND THE CONFERRAL ON IT OF POWERS AND FUNCTIONS OF A LIMITED NATURE IN RELATION TO THE RESOLUTION OF SUCH DISPUTES,

(d) FOR THE REGISTRATION OF TENANCIES OF CERTAIN DWELLINGS, AND

(e) FOR RELATED MATTERS. [19th July 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

Short title.

1.—This Act may be cited as the Residential Tenancies Act 2004 .

Commencement.

2.—This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

Application of Act.

3.—(1) Subject to subsection (2), this Act applies to every dwelling, the subject of a tenancy (including a tenancy created before the passing of this Act).

(2) Subject to section 4 (2), this Act does not apply to any of the following dwellings—

(a) a dwelling that is used wholly or partly for the purpose of carrying on a business, such that the occupier could, after the tenancy has lasted 5 years, make an application under section 13(1)(a) of the Landlord and Tenant (Amendment) Act 1980 in respect of it,

(b) a dwelling to which Part II of the Housing (Private Rented Dwellings) Act 1982 applies,

(c) a dwelling let by or to—

(i) a public authority, or

(ii) a body standing approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 and which is occupied by a person referred to in section 9(2) of the Housing Act 1988 ,

(d) a dwelling, the occupier of which is entitled to acquire, under Part II of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 , the fee simple in respect of it,

(e) a dwelling occupied under a shared ownership lease,

(f) a dwelling let to a person whose entitlement to occupation is for the purpose of a holiday only,

(g) a dwelling within which the landlord also resides,

(h) a dwelling within which the spouse, parent or child of the landlord resides and no lease or tenancy agreement in writing has been entered into by any person resident in the dwelling,

(i) a dwelling the subject of a tenancy granted under Part II of section 21 of the Landlord and Tenant (Amendment) Act 1980 and the court has yet to make its determination in the matter.

Interpretation generally.

4.—(1) In this Act, unless the context otherwise requires—

“adjudicator” shall be construed in accordance with section 164 (2);

“authorised agent” shall be construed in accordance with section 12 (1)(e);

“Board” shall be construed in accordance with section 150 (1);

“child” includes a person who is no longer a minor and cognate words shall be construed accordingly;

“company” means a company within the meaning of the Companies Acts 1963 to 2003;

“contract of tenancy” does not include an agreement to create a tenancy;

“Director” shall be construed in accordance with section 160 (1);

“Dispute Resolution Committee” shall be construed in accordance with section 157 (2);

“dwelling” means, subject to subsection (2), a property let for rent or valuable consideration as a self-contained residential unit and includes any building or part of a building used as a dwelling and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it and, where the context so admits, includes a property available for letting but excludes a structure that is not permanently attached to the ground and a vessel and a vehicle (whether mobile or not);

“establishment day” means the day appointed under section 149 ;

“functions” includes powers and duties and references to the performance of functions include, as respects power and duties, references to the exercise of the powers and the carrying out of the duties;

“further Part 4 tenancy” shall be construed in accordance with section 41 (2) or 45(2), as appropriate;

“local authority” means a local authority for the purposes of the Local Government Act 2001 ;

“management company”, in relation to an apartment complex, means the company in which functions are vested with respect to the management of the apartment complex;

“mediator” shall be construed in accordance with section 164 (1);

“Minister” means the Minister for the Environment, Heritage and Local Government;

“Part 4 tenancy” shall be construed in accordance with section 29 ;

“personal representative” has the same meaning as it has in the Succession Act 1965 ;

“planning permission” means a permission under section 34 of the Planning and Development Act 2000 ;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“public authority” means—

(a) a Minister of the Government or a body under the aegis of a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) a local authority,

(d) a health board established under the Health Act 1970 ,

(e) the Eastern Regional Health Authority or an area health board established under the Health (Eastern Regional Health Authority) Act 1999 ,

(f) a voluntary body standing approved of by the Minister for Health and Children or by a health board or an authority or board mentioned in paragraph (e) of this definition for the purpose of providing accommodation for elderly persons or persons with a mental handicap or psychiatric disorder,

(g) a recognised educational institution, namely, any university, technical college, regional technical college, secondary or technical college or other institution or body of persons approved of, for the purpose of providing an approved course of study, by the Minister for Education and Science, or

(h) the Shannon Free Airport Development Company;

“remuneration” includes fees, allowances for expenses, benefits-inkind and superannuation;

“required period of notice”, in relation to a notice of termination, means the period of notice required by Part 4 or 5 or, if greater, by the lease or tenancy agreement concerned;

“self-contained residential unit” includes the form of accommodation commonly known as “bedsit” accommodation;

“shared ownership lease” has the meaning assigned to it by section 2 of the Housing (Miscellaneous Provision) Act 1992;

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death;

“tenancy agreement” includes an oral tenancy agreement;

“Tribunal” shall be construed in accordance with section 102 (2).

(2) The definition of “dwelling” in subsection (1) shall not apply in relation to the construction of references to “dwelling” to which this subsection applies; each such reference shall be construed as a reference to any building or part of a building used as a dwelling (whether or not a dwelling let for rent or valuable consideration) and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it.

(3) Subsection (2) applies to the following references to “dwelling” (whether in the singular or plural form) in this Act, namely—

(a) the second of the references in section 12 (1)(h),

(b) the first and last of the references in paragraph (c)(ii) and paragraph (c)(iii) of the definition of “behave in a way that is anti-social” in section 17 (1),

(c) the reference in subsection (2)(a) of section 25 to whichever of the dwellings mentioned in that subsection is not the subject of the tenancy mentioned in subsection (1) of that section,

(d) the references in subsection (2)(b) and (c) of section 25 , and

(e) the second of the references in sections 136(h), 187(1) and 188(1).

(4) In this Act—

(a) a reference to a section or Part is a reference to a section or Part of this Act unless it is indicated that reference to some other enactment is intended,

(b) a reference to a Chapter is a reference to the Chapter of the Part in which the reference occurs, unless it is indicated that reference to some other provision is intended,

(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(d) a reference to any other enactment is a reference to that enactment as amended or extended by or under any subsequent enactment.

“relevant date”, “landlord”, “tenant”, “lease”, etc.

5.—(1) In this Act—

“landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a dwelling by the tenant thereof and, where the context so admits, includes a person who has ceased to be so entitled by reason of the termination of the tenancy;

“lease” means an instrument in writing, whether or not under seal, containing a contract of tenancy in respect of a dwelling;

“relevant date” means the date on which Part 4 is commenced;

“tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied, and, where the context so admits, includes a sub-tenancy and a tenancy or sub-tenancy that has been terminated;

“tenant” means the person for the time being entitled to the occupation of a dwelling under a tenancy and, where the context so admits, includes a person who has ceased to be entitled to that occupation by reason of the termination of his or her tenancy.

(2) A reference in this Act to—

(a) the landlord of a dwelling is a reference to the landlord under a tenancy of the dwelling, and

(b) the tenant of a dwelling is a reference to the tenant under a tenancy of the dwelling.

(3) Subject to subsection (4), in this Act “costs”, in relation to a matter being dealt with by the Board, a mediator, an adjudicator or the Tribunal or a determination or direction made or given by it or him or her, does not include—

(a) legal costs or expenses, or

(b) costs or expenses of any other professional kind or of employing any person with technical expertise that are connected wholly or mainly with the provision of evidence for, or the presentation of one or more issues at, the proceedings.

(4) Despite subsection (3), the Board or, with the consent of the Board, a mediator, an adjudicator or the Tribunal may if, in its or his or her opinion the exceptional circumstances of the matter so warrant, determine that any element of costs the subject of a determination or direction made or given by it or him or her shall include costs referred to in paragraph (a) or (b) of that subsection.

Service of notices.

6.—(1) A notice required or authorised to be served or given by or under this Act shall, subject to subsection (2), be addressed to the person concerned by name and may be served on or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(d) where the notice relates to a dwelling and it appears that no person is in actual occupation of the dwelling, by affixing it in a conspicuous position on the outside of the dwelling or the property containing the dwelling.

(2) Where the notice concerned is to be served on or given to a person who is the owner, landlord, tenant or occupier of a dwelling and the name of the person cannot be ascertained by reasonable inquiry it may be addressed to the person by using the words the owner, the landlord, the tenant or the occupier, as the case may require.

(3) For the purposes of this section, a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) A person shall not, at any time during the period of 3 months after a notice is affixed under subsection (1)(d) remove, damage or deface the notice without lawful authority.

(5) A person who contravenes subsection (4) is guilty of an offence.

(6) Where, in proceedings under Part 6, it is shown that a notice was served or given in accordance with the provisions of this section and on the date that it is alleged it was served or given, the onus shall be on the recipient to establish to the Board, the adjudicator or Tribunal's satisfaction that the notice was not received in sufficient time to enable compliance with the relevant time limit specified by or under this Act.

Service or giving of notice on behalf of another.

7.—Where a notice required or authorised to be served or given by or under this Act is served or given on behalf of a person, the notice shall be deemed to be served or given by that person.

Regulations and orders.

8.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

(2) Every order (other than an order made under section 2 or 149) and regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(3) The Minister may be order amend or revoke an order under this Act (other than an order under section 2 or 149).

(4) An order under subsection (3) shall be made in the like manner and its making shall be subject to the like (if any) consents and conditions as the order that it is amending or revoking.

Offences.

9.—(1) A person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

(2) If the contravention in respect of which a person is convicted of an offence under this Act is continued after the conviction, the person is guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable on summary conviction to a fine not exceeding €250.

(3) Proceedings in relation to an offence under this Act may be brought and prosecuted by the Board.

(4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, proceedings for an offence under this Act may be instituted at any time within one year after the date of the offence.

(5) Where a person is convicted of an offence under this Act the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Board the costs and expenses, measured by the court, incurred by the Board in relation to the investigation, detection and prosecution of the offence.

Repeal and revocation.

10.—(1) Section 5 of the Criminal Law Amendment Act 1912 is repealed.

(2) The Housing (Registration of Rented Houses) Regulations 1996 ( S.I. No. 30 of 1996 ) are revoked.

Expenses.

11.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2

Tenancy Obligations of Landlords and Tenants

Chapter 1

Provisions regarding landlord's obligations

Obligations of landlords.

12.—(1) In addition to the obligations arising by or under any other enactment, a landlord of a dwelling shall—

(a) allow the tenant of the dwelling to enjoy peaceful and exclusive occupation of the dwelling,

(b) subject to subsection (2), carry out to—

(i) the structure of the dwelling all such repairs as are, from time to time, necessary and ensure that the structure complies with any standards for houses for the time being prescribed under section 18 of the Housing (Miscellaneous Provisions) Act 1992 , and

(ii) the interior of the dwelling all such repairs and replacement of fittings as are, from time to time, necessary so that that interior and those fittings are maintained in, at least, the condition in which they were at the commencement of the tenancy and in compliance with any such standards for the time being prescribed,

(c) subject to subsection (3), effect and maintain a policy of insurance in respect of the structure of the dwelling, that is to say a policy—

(i) that insures the landlord against damage to, and loss and destruction of, the dwelling, and

(ii) that indemnifies, to an amount of at least €250,000, the landlord against any liability on his or her part arising out of the ownership, possession and use of the dwelling,

(d) subject to subsection (4), return or repay promptly any deposit paid by the tenant to the landlord on entering into the agreement for the tenancy or lease,

(e) notify the tenant of the name of the person, if any, (the “authorised agent”) who is authorised by the landlord to act on his or her behalf in relation to the tenancy for the time being,

(f) provide to the tenant particulars of the means by which the tenant may, at all reasonable times, contact him or her or his or her authorised agent,

(g) without prejudice to any other liability attaching in this case, reimburse the tenant in respect of all reasonable and vouched for expenses that may be incurred by the tenant in carrying out repairs to the structure or interior of the dwelling for which the landlord is responsible under paragraph (b) where the following conditions are satisfied—

(i) the landlord has refused or failed to carry out the repairs at the time the tenant requests him or her to do so, and

(ii) the postponement of the repairs to some subsequent date would have been unreasonable having regard to either—

(I) a significant risk the matters calling for repair posed to the health or safety of the tenant or other lawful occupants of the dwelling, or

(II) a significant reduction that those matters caused in the quality of the tenant's or other such occupants' living environment,

(h) if the dwelling is one of a number of dwellings comprising an apartment complex—

(i) forward to the management company, if any, of the complex any complaint notified in writing by the tenant to him or her concerning the performance by the company of its functions in relation to the complex,

(ii) forward to the tenant any initial response by the management company to that complaint, and

(iii) forward to the tenant any statement in writing of the kind referred to in section 187 (2) made by the management company in relation to that complaint.

(2) Subsection (1)(b) does not apply to any repairs that are necessary due to the failure of the tenant to comply with section 16 (f).

(3) The obligation under subsection (1)(c) does not apply at any particular time during the term of the tenancy concerned if, at that time, a policy of insurance of the kind referred to in that provision is not obtainable, or is not obtainable at a reasonable cost, by the landlord in respect of the dwelling.

(4) Subsection (1)(d) applies and has effect subject to the following provisions:

(a) no amount of the deposit concerned shall be required to be returned or repaid if, at the date of the request for return or repayment, there is a default in—

(i) the payment of rent and the amount of rent that is in arrears is equal to or greater than the amount of the deposit, or

(ii) compliance with section 16 (f) and the amount of the costs that would be incurred by the landlord, were he or she to take them, in taking such steps as are reasonable for the purposes of restoring the dwelling to the condition mentioned in section 16 (f) is equal to or greater than the amount of the deposit,

(b) where, at the date of the request for return or repayment, there is a default in the payment of rent or compliance with section 16 (f) and subparagraph (i) or (ii), as the case may be, of paragraph (a) does not apply, then there shall only be required to be returned or repaid under subsection (1)(d) the difference between the amount of rent that is in arrears or, as appropriate, the amount of the costs that would be incurred in taking steps of the kind referred to in paragraph (a)(ii).

(5) For the avoidance of doubt, the condition in subsection (1)(g)(i) is satisfied if, after all reasonable attempts, the landlord or his or her authorised agent could not be contacted to make the request concerned.

Section 12 (1)(b): supplemental regulations.

13.—(1) The Board, with the consent of the Minister, may make regulations specifying that particular parts of dwellings shall, for the purposes of section 12 (1)(b), be regarded as parts of the interior, or as parts of the structure, of dwellings.

(2) In making regulations under this section, the Board—

(a) may invite submissions in relation to the matter from any persons or organisations appearing to the Board to be representative of the interests of landlords and of tenants and consider any submissions from those persons or organisations made on foot of that invitation,

(b) shall not specify a part of a dwelling as being part of its structure or, as the case may be, part of its interior if, to do so, would, in its opinion, result in unreasonably burdensome obligations being imposed on landlords.

(3) Different regulations may be made under this section in respect of different classes of dwelling.

Prohibition on penalisation of tenants.

14.—(1) A landlord of a dwelling shall not penalise a tenant for—

(a) referring any dispute between the tenant and the landlord to the Board for resolution under Part 6,

(b) giving evidence in any proceedings under Part 6 to which the landlord is a party (whether the tenant is a party to them or not),

(c) making a complaint to a member of the Garda Síochána or to a public authority in relation to any matter arising out of, or in connection with, the occupation of the dwelling or making an application regarding such a matter to a public authority, or

(d) giving notice of his or her intention to do any or all of the things referred to in the preceding paragraphs.

(2) For the purposes of this section a tenant is penalised if the tenant is subjected to any action that adversely affects his or her enjoying peaceful occupation of the dwelling concerned.

(3) Such action may constitute penalisation even though it consists of steps taken by the landlord in the exercise of any rights conferred on him or her by or under this Act, any other enactment or the lease or tenancy agreement concerned if, having regard to—

(a) the frequency or extent to which the right is exercised in relation to the tenant,

(b) the proximity in time of its being so exercised to the tenant's doing the relevant thing referred to in subsection (1), and

(c) any other relevant circumstances,

it is a reasonable inference that the action was intended to penalise the tenant for doing that thing.

(4) This section is without prejudice to any other liability (civil or criminal) the landlord may be subject to for doing a thing prohibited by this section.

Duty owed to certain third parties to enforce tenant's obligations.

15.—(1) A landlord of a dwelling owes to each person who could be potentially affected a duty to enforce the obligations of the tenant under the tenancy.

(2) In subsection (1) “person who could be potentially affected” means a person who, it is reasonably foreseeable, would be directly and adversely affected by a failure to enforce an obligation of the tenant were such a failure to occur and includes any other tenant under the tenancy mentioned in that subsection.

(3) This section does not confer on any person a right of action maintainable in proceedings before a court for breach of the duty created by it; the sole remedy for such a breach is by means of making a complaint (where the conditions specified in section 77 for doing so are satisfied) to the Board under Part 6.

(4) Nothing in subsection (3) affects any duty of care, and the remedies available for its breach, that exist apart from this section.

Chapter 2

Provisions regarding tenant's obligations

Obligations of tenants.

16.—In addition to the obligations arising by or under any other enactment, a tenant of a dwelling shall—

(a) pay to the landlord or his or her authorised agent (or any other person where required to do so by any enactment)—

(i) the rent provided for under the tenancy concerned on the date it falls due for payment, and

(ii) where the lease or tenancy agreement provides that any charges or taxes are payable by the tenant, pay those charges or taxes in accordance with the lease or tenancy agreement (unless provision to that effect in the lease or tenancy agreement is unlawful or contravenes any other enactment),

(b) ensure that no act or omission by the tenant results in there not being complied with the obligations of the landlord, under any enactment, in relation to the dwelling or the tenancy (and in particular, the landlord's obligations under regulations under section 18 of the Housing (Miscellaneous Provisions) Act 1992 ),

(c) allow, at reasonable intervals, the landlord, or any person or persons acting on the landlord's behalf, access to the dwelling (on a date and time agreed in advance with the tenant) for the purposes of inspecting the dwelling,

(d) notify the landlord or his or her authorised agent of any defect that arises in the dwelling that requires to be repaired so as to enable the landlord comply with his or her obligations, in relation to the dwelling or the tenancy, under any enactment,

(e) allow the landlord, or any person or persons acting on the landlord's behalf, reasonable access to the dwelling for the purposes of allowing any works (the responsibility for the carrying out of which is that of the landlord) to be carried out,

(f) not do any act that would cause a deterioration in the condition the dwelling was in at the commencement of the tenancy, but there shall be disregarded, in determining whether this obligation has been complied with at a particular time, any deterioration in that condition owing to normal wear and tear, that is to say wear and tear that is normal having regard to—

(i) the time that has elapsed from the commencement of the tenancy,

(ii) the extent of occupation of the dwelling the landlord must have reasonably foreseen would occur since that commencement, and

(iii) any other relevant matters,

(g) if paragraph (f) is not complied with, take such steps as the landlord may reasonably require to be taken for the purpose of restoring the dwelling to the condition mentioned in paragraph (f) or to defray any costs incurred by the landlord in his or her taking such steps as are reasonable for that purpose,

(h) not behave within the dwelling, or in the vicinity of it, in a way that is anti-social or allow other occupiers of, or visitors to, the dwelling to behave within it, or in the vicinity of it, in such a way,

(i) not act or allow other occupiers of, or visitors to, the dwelling to act in a way which would result in the invalidation of a policy of insurance in force in relation to the dwelling,

(j) if any act of the tenant's, or any act of another occupier of, or visitor to, the dwelling which the tenant has allowed to be done, results in an increase in the premium payable under a policy of insurance in force in relation to the dwelling, pay to the landlord an amount equal to the amount of that increase (“the increased element”) (and that obligation to pay such an amount shall apply in respect of each further premium falling due for payment under the policy that includes the increased element),

(k) not assign or sub-let the tenancy without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold),

(l) not alter or improve the dwelling without the written consent of the landlord which consent the landlord—

(i) in case the alteration or improvement consists only of repairing, painting and decorating, or any of those things, may not unreasonably withhold,

(ii) in any other case, may, in his or her discretion, withhold,

(m) not use the dwelling or cause it to be used for any purpose other than as a dwelling without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold), and

(n) notify in writing the landlord of the identity of each person (other than a multiple tenant) who, for the time being, resides ordinarily in the dwelling.

Section 16 :interpretation and supplemental.

17.—(1) In section 16 —

“alter or improve”, in relation to a dwelling, includes—

(a) alter a locking system on a door giving entry to the dwelling, and

(b) make an addition to, or alteration of, a building or structure (including any building or structure subsidiary or ancillary to the dwelling),

“behave in a way that is anti-social” means—

(a) engage in behaviour that constitutes the commission of an offence, being an offence the commission of which is reasonably likely to affect directly the well-being or welfare of others,

(b) engage in behaviour that causes or could cause fear, danger, injury, damage or loss to any person living, working or otherwise lawfully in the dwelling concerned or its vicinity and, without prejudice to the generality of the foregoing, includes violence, intimidation, coercion, harassment or obstruction of, or threats to, any such person, or

(c) engage, persistently, in behaviour that prevents or interferes with the peaceful occupation—

(i) by any other person residing in the dwelling concerned, of that dwelling,

(ii) by any person residing in any other dwelling contained in the property containing the dwelling concerned, of that other dwelling, or

(iii) by any person residing in a dwelling (“neighbourhood dwelling”) in the vicinity of the dwelling or the property containing the dwelling concerned, of that neighbourhood dwelling.

(2) The reference in section 16 (b) to an act or omission by the tenant shall be deemed to include a reference to an act or omission by any other person who, at the time of the doing of the act or the making of the omission, is in the dwelling concerned with the consent of the tenant.

(3) The landlord shall be entitled to be reimbursed by the tenant any costs or expenses reasonably incurred by him or her in deciding upon a request for consent in relation to the tenant's doing a thing referred to in paragraph (k), (l) or (m) of section 16 (whether the consent is granted or refused).

(4) If the amount of the premium referred to in section 16 (j) is, apart for the reason mentioned in that provision, subsequently increased or reduced then the reference in that provision to the increased element shall be construed as a reference to the amount concerned as proportionately adjusted in line with the increase or reduction.

No contracting out from terms of section 12 or 16 permitted, etc.

18.—(1) Subject to subsections (2) and (3), no provision of any lease, tenancy agreement, contract or other agreement (whether entered into before, on or after the commencement of this Part) may operate to vary, modify or restrict in any way section 12 or 16.

(2) Subsection (1) does not prevent more favourable terms for the tenant than those that apply by virtue of section 12 being provided for in the lease or tenancy agreement concerned.

(3) Obligations additional to those specified in section 16 may be imposed on the tenant by the lease or tenancy agreement concerned but only if those obligations are consistent with this Act.

PART 3

Rent and Rent Reviews

Setting of rent above market rent prohibited.

19.—(1) In setting, at any particular time, the rent under the tenancy of a dwelling, an amount of rent shall not be provided for that is greater than the amount of the market rent for that tenancy at that time.

(2) The reference in this section to the setting of the rent under a tenancy is a reference to—

(a) the initial setting of the rent under the tenancy, and

(b) any subsequent setting of the rent under the tenancy by way of a review of that rent.

Frequency with which rent reviews may occur.

20.—(1) Subject to subsection (3), a review of the rent under the tenancy of a dwelling may not occur—

(a) more frequently than once in each period of 12 months, nor

(b) in the period of 12 months beginning on the commencement of the tenancy.

(2) Subsection (1) has effect notwithstanding any provision to the contrary in the lease or tenancy agreement concerned.

(3) Subsection (1) does not apply despite the fact that a period of less than 12 months has elapsed from—

(a) the last review of the rent under the tenancy, or

(b) the commencement of the tenancy,

if, in that period—

(i) a substantial change in the nature of the accommodation provided under the tenancy occurs, and

(ii) the rent under the tenancy, were it to be set immediately after that change, would, by virtue of that change, be different to what was the market rent for the tenancy at the time of that last review or the commencement of the tenancy, as the case may be.

Right to review of rent where none provided.

21.—If the lease or tenancy agreement concerned does not provide for such a review or the tenancy concerned is an implied one, either party may, subject to section 20 , require a review of the rent under the tenancy to be carried out and a new rent, if appropriate, set on foot of that review.

Tenant to be notified of new rent.

22.—(1) The setting of a rent (the “new rent”) pursuant to a review of the rent under a tenancy of a dwelling and which is otherwise lawful under this Part shall not have effect unless and until the condition specified in subsection (2) is satisfied.

(2) That condition is that, at least 28 days before the date from which the new rent is to have effect, a notice in writing is served by the landlord on the tenant stating the amount of the new rent and the date from which it is to have effect.

(3) Where that condition is satisfied, a dispute in relation to a rent falling within subsection (1) must be referred to the Board under Part 6 before—

(a) the date stated in the notice under subsection (2) as the date from which that rent is to have effect, or

(b) the expiry of 28 days from the receipt by the tenant of that notice,

whichever is the later.

Proceedings for rent arrears.

23.—Every person entitled to any rent in arrears or to be paid other charges under a tenancy of a dwelling (whether in his or her own right or as personal representative of a deceased landlord) shall be entitled to recover, under Part 6, such arrears or charges from the person who occupied the dwelling as a tenant in the period in which the arrears accrued or the charges arose or, as may be appropriate, from the person's personal representative.

“Market rent”, references to rent reviews, etc.

24.—(1) In this Part “market rent”, in relation to the tenancy of a dwelling, means the rent which a willing tenant not already in occupation would give and a willing landlord would take for the dwelling, in each case on the basis of vacant possession being given, and having regard to—

(a) the other terms of the tenancy, and

(b) the letting values of dwellings of a similar size, type and character to the dwelling and situated in a comparable area to that in which it is situated.

(2) References in this Part to a review of a rent include references to—

(a) any procedure (however it is described) for determining whether, and to what extent, a reduction or increase in the amount of the rent for the time being payable under the tenancy concerned ought to have effect, and

(b) the effect of the operation of a provision of a lease or tenancy agreement providing that, by reference to any formula, happening of any event or other matter whatsoever (and whether any act, decision or exercise of discretion on the part of any person is involved or not), such a reduction or increase shall have effect,

and, in the case of a provision of the kind referred to in paragraph (b), any prohibition under this Part on a review of rent occurring is to be read as a prohibition on the provision operating to have the foregoing effect.

(3) References in this Part to the setting of a rent are references to the oral agreeing of the rent or to its being provided for in a lease or tenancy agreement or, in the context of a review of rent—

(a) the oral agreeing of the rent,

(b) the oral or written notification of the rent, or

(c) in the case of a provision of the kind referred to in subsection (2)(b), the rent being set by virtue of the operation of that provision.

PART 4

Security of Tenure

Chapter 1

Preliminary

Non-application of Part.

25.—(1) This Part does not apply to a tenancy of a dwelling where the conditions specified in subsection (2) are satisfied if the landlord of the dwelling opts, in accordance with subsection (3), for this Part not to apply to it.

(2) Those conditions are—

(a) the dwelling concerned is one of 2 dwellings within a building,

(b) that building, as originally constructed, comprised a single dwelling, and

(c) the landlord resides in the other dwelling.

(3) A landlord's opting as mentioned in subsection (1) shall be signified in writing in a notice served by him or her on the tenant before the commencement of the tenancy.

(4) This Part does not apply to a tenancy of a dwelling—

(a) if the landlord of the dwelling is entitled, in relation to expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the dwelling, to a deduction of the kind referred to in section 380B(2), 380C(4) or 380D(2) (inserted by the Finance Act 1999 ) of the Taxes Consolidation Act 1997 , or

(b) if the entitlement of the tenant to occupy the dwelling is connected with his or her continuance in any office, appointment or employment.

Greater security of tenure not affected.

26.—Nothing in this Part operates to derogate from any rights the tenant enjoys for the time being (by reason of the tenancy concerned) that are more beneficial for the tenant than those created by this Part.

Chapter 2

Statement of essential protection enjoyed by tenants

Periods of occupancy before relevant date to be disregarded.

27.—In this Part “continuous period of 6 months” means a continuous period of 6 months that commences on or after the relevant date.

Statutory protection — “Part 4 tenancy” — after 6 months occupation.

28.—(1) Where a person has, under a tenancy, been in occupation of a dwelling for a continuous period of 6 months then, if the condition specified in subsection (3) is satisfied, the following protection applies for the benefit of that person.

(2) That protection is that, subject to Chapter 3, the tenancy mentioned in subsection (1) shall (if it would not or might not do so otherwise) continue in being—

(a) unless paragraph (b) applies, for the period of 4 years from—

(i) the commencement of the tenancy, or

(ii) the relevant date,

whichever is the later,

or

(b) if a notice of termination under section 34 (b) is served in respect of the tenancy giving a period of notice that expires after the period of 4 years mentioned in paragraph (a), until the expiry of that period of notice.

(3) The condition mentioned in subsection (1) is that no notice of termination (giving the required period of notice) has been served in respect of the tenancy before the expiry of the period of 6 months mentioned in that subsection.

(4) Despite the fact that such a notice of termination has been so served, that condition shall be regarded as satisfied if the notice is subsequently withdrawn.

“Part 4 tenancy”— meaning of that expression.

29.—A tenancy continued in being by section 28 shall be known, and is in this Act referred to, as a “Part 4 tenancy”.

Terms of Part 4 tenancy.

30.—(1) Subject to subsections (2) and (3), the terms of a Part 4 tenancy shall be those of the tenancy mentioned in section 28 of which it is a continuation.

(2) At any time during the period of a Part 4 tenancy, the parties may, by agreement, vary its terms.

(3) Neither—

(a) any term of the tenancy of which the Part 4 tenancy is a continuation, nor

(b) any term purported to be provided for by a variation under subsection (2),

shall be a term of a Part 4 tenancy if the term is inconsistent with this or any other Part of this Act.

Sections 28 and 30: special cases.

31.—(1) The reference in section 28 (1) to a continuous period of occupation under a tenancy includes a reference to a continuous period of occupation under a series of 2 or more tenancies.

(2) Where the continuous occupation referred to in section 28 (1) has been under a series of 2 or more tenancies—

(a) in section 28 (2), “the tenancy mentioned in subsection (1)” means the last of those tenancies,

(b) in section 28 (2)(a)(i), “the commencement of the tenancy” means the commencement of the first of those tenancies, and

(c) in section 28 (3), “the tenancy” means the last of those tenancies,

and section 30 shall be construed accordingly.

Further special case (sub-letting of Part 4 tenancy).

32.—(1) The Schedule to this Act has effect for the purpose of affording protection in relation to a sub-tenancy created out of a Part 4 tenancy or a further Part 4 tenancy.

(2) The creation of a sub-tenancy in respect of part only of the dwelling, the subject of a Part 4 tenancy or a further Part 4 tenancy, is prohibited.

(3) Any such sub-tenancy purported to be created is void.

Chapter 3

Termination of Part 4 tenancy

Restriction on termination by landlord.

33.—A Part 4 tenancy may not be terminated by the landlord save in accordance with section 34 .

Grounds for termination by landlord.

34.—A Part 4 tenancy may be terminated by the landlord—

(a) on one or more of the grounds specified in the Table to this section if—

(i) a notice of termination giving the required period of notice is served by the landlord in respect of the tenancy, and

(ii) that notice of termination cites as the reason for the termination the ground or grounds concerned and, in the case of paragraph 4, 5 or 6 of that Table, contains or is accompanied by the statement referred to in that paragraph,

or

(b) irrespective of whether any of those grounds exist, if—

(i) a notice of termination giving the required period of notice is served by the landlord in respect of the tenancy, and

(ii) that period of notice expires on or after the end of the period of 4 years mentioned in section 28 (2)(a) in relation to the tenancy.

TABLE

Grounds for termination

Table to section 34 : interpretation and supplemental.

35.—(1) In this section the “Table” means the Table to section 34 .

(2) In paragraph 1 of the Table “remedy the failure” means—

(a) in the case of a failure that does not result in financial loss or damage to the landlord or his or her property, to desist from the conduct that constitutes the failure or, if the failure consists of an omission to comply with an obligation, comply with that obligation, and

(b) in the case of a failure that does result in financial loss or damage to the landlord or his or her property—

(i) to pay adequate compensation to the landlord (or, if the failure consists of the non-payment of rent, pay the arrears of rent) or repair the damage fully, and

(ii) unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be.

(3) In paragraph 1 of the Table the reference to a failure that provides an excepted basis for termination is a reference to a failure to comply with section 16 (h) where the behaviour in question falls within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17 (1).

(4) In paragraph 4 of the Table the reference to a member of the landlord's family is a reference to any spouse, child, stepchild, foster child, grandchild, parent, grandparent, step parent, parent-in-law, brother, sister, nephew or niece of the landlord or a person adopted by the landlord under the Adoption Acts 1952 to 1998.

(5) In paragraph 4(b), 5(b) and 6(b) of the Table the reference to the contact details requirement being complied with is a reference to the following requirement being complied with, namely, a requirement (which shall be specified in the statement concerned) that the former tenant notify in writing the landlord—

(a) within 28 days from the service of the notice of termination concerned, or, if a dispute as to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, of the means by which he or she can be contacted by the landlord so that the offer concerned can be made to him or her, and

(b) as soon as practicable after any such change occurs, of any change in the means (as so notified) by which the former tenant can be contacted for that purpose.

(6) If an offer such as is referred to in paragraph 4(b), 5(b) or 6(b) of the Table is accepted (within such reasonable period as shall be specified for that purpose in the offer) by the former tenant concerned (the “accepter”)—

(a) the resulting agreement is enforceable by the accepter (as well as by the offeror), and

(b) occupation by the accepter under the tenancy created in favour of him or her on foot of that agreement shall, together with his or her occupation under the former tenancy, be regarded, for the purposes of this Act, as continuous occupation by the accepter under the one tenancy.

Termination by tenant.

36.—(1) A tenant may terminate a Part 4 tenancy by serving on the landlord in respect of the tenancy a notice of termination giving the required period of notice.

(2) This section is without prejudice to Chapter 6.

Deemed termination by tenant.

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—

(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

(b) before or on that vacating the rent has fallen into arrears.

(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—

(a) whether before or after the end of that period, the tenant has vacated the dwelling, and

(b) no notice of termination has been served by the tenant in respect of the tenancy.

(3) Subsections (1) and (2) do not apply if the Part 4 tenancy has been sub-let or assigned.

(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.

(5) This section is subject to Chapter 6.

Effect of assignment of Part 4 tenancy.

38.—(1) If a Part 4 tenancy is assigned by the tenant with the consent of the landlord then if the assignment is—

(a) to a person, other than a sub-tenant of the dwelling concerned, the assignment shall operate to convert the Part 4 tenancy of the dwelling into a periodic tenancy of the dwelling and the protection provided by section 28 for the assignor shall accordingly cease (but without prejudice to that section's fresh application in relation to the assignee should the circumstances mentioned in that section occur),

(b) to a sub-tenant of the dwelling concerned, the protection provided by section 28 for the assignor shall cease (but without prejudice to the Part 4 tenancy's continued subsistence as provided for in subsection (2)).

(2) If the assignment is to a sub-tenant of the dwelling concerned, the Part 4 tenancy shall continue in being (but in favour of that person and not the assignor) for the period that it would have continued in being had the assignment not been made and subject to the provisions of this Chapter; accordingly—

(a) the assignee shall become the tenant of the landlord under the Part 4 tenancy,

(b) the terms of the Part 4 tenancy shall continue to be those under which the assignor held the tenancy immediately before the assignment unless the assignee and the landlord agree to a variation of them, and

(c) the assignee's sub-tenancy of the dwelling shall merge with the Part 4 tenancy.

(3) Subsection (2)(c) does not affect the liabilities (if any) of the assignee to the assignor (or of the assignor to the assignee) that have arisen by virtue of the sub-tenancy concerned.

(4) The assignment of a Part 4 tenancy with respect to only part of the dwelling, the subject of the tenancy, is prohibited.

(5) Any such assignment purported to be made is void.

Termination on tenant's death.

39.—(1) Subject to subsections (2) and (4), a Part 4 tenancy shall terminate on the death of the tenant.

(2) Where the 2 conditions specified in subsection (3) are satisfied—

(a) subsection (1) does not apply, and

(b) the Part 4 tenancy concerned, accordingly, continues in being, subject to the other provisions of this Chapter, for the period for which it would otherwise have continued in being had the tenant concerned not died.

(3) Those conditions are—

(a) the dwelling, at the time of the death of the tenant concerned, was occupied by—

(i) a spouse of the tenant,

(ii) a person who was not a spouse of the tenant but who cohabited with the tenant as husband and wife in the dwelling for a period of at least 6 months ending on the date of the tenant's death,

(iii) a child, stepchild or foster child of the tenant, or a person adopted by the tenant under the Adoption Acts 1952 to 1998, being in each case aged 18 years or more, or

(iv) a parent of the tenant,

and

(b) one or more than one of the foregoing persons elects in writing to become a tenant or tenants of the dwelling.

(4) This section is subject to Chapter 6; without limiting the generality of this subsection, subsections (2) and (3) are not to be read as derogating from the operation of Chapter 6 in circumstances where a person referred to in subsection (3) is a multiple tenant (within the meaning of that Chapter) of the dwelling concerned.

(5) Irrespective of the number of instances of the application to the same dwelling of subsection (2) (by reason of a series of deaths of tenants), the Part 4 tenancy concerned shall not continue in being any longer than it would otherwise have continued in being had the first of those deaths not occurred.

Chapter 4

Additional statutory right — further Part 4 tenancy

Interpretation (Chapter 4).

40.—(1) In section 41 “4 year period” means, in relation to the Part 4 tenancy concerned, the period mentioned in section 28 (2)(a).

(2) References in sections 41(4) and 42 to section 34 or Chapter 3 are references to that section or Chapter as applied by section 47 .

Further Part 4 tenancy on expiry of 4 year period.

41.—(1) If a Part 4 tenancy continues to the expiry of the 4 year period without a notice of termination under section 34 or 36 having been served in respect of it before that expiry, then a new tenancy shall, by virtue of this section, come into being between the landlord and the tenant on that expiry.

(2) Such a tenancy is referred to in this Act as a “further Part 4 tenancy”.

(3) The commencement date of a further Part 4 tenancy is the expiry of the 4 year period.

(4) A further Part 4 tenancy shall, subject to Chapter 3, continue in being—

(a) unless paragraph (b) or (c) applies, for the period of 4 years from its commencement,

(b) if a notice of termination is served in accordance with section 42 , until the expiry of the period of notice given by that notice, or

(c) if a notice of termination under section 34 (b) is served in respect of the tenancy giving a period of notice that expires after the period of 4 years mentioned in paragraph (a), until the expiry of that period of notice.

Termination of additional rights.

42.—(1) Not later than 6 months from its commencement, the landlord may serve a notice of termination in respect of a further Part 4 tenancy.

(2) The period of notice given by that notice of termination shall not be less than 112 days.

(3) The means of termination that subsection (1) provides in the period of 6 months mentioned in that subsection is in addition to, and accordingly does not prevent the exercise of, the right of termination under section 34 (a) in that period.

Chapter 5

Successive further Part 4 tenancies may arise

Purposes of Chapter.

43.—This Chapter has effect for the purpose of ensuring that the additional rights provided by Chapter 4 are regarded as being of a rolling nature, that is to say, that (unless the landlord uses the means under this Part to stop the following happening)—

(a) on the expiry of a further Part 4 tenancy, after it has been in existence for 4 years, another such tenancy comes into being, and

(b) on the expiry of that tenancy, after it has been in existence for 4 years, a further such tenancy comes into being,

and so on.

Construction of certain references.

44.—A reference in section 45 to section 34 , Chapter 3 or section 42 is a reference to that section or Chapter as applied by section 47 .

Further Part 4 tenancy to arise on expiry of previous tenancy.

45.—(1) If a further Part 4 tenancy continues to the expiry of 4 years from its commencement without a notice of termination under section 34 (b) having been served in respect of it before that expiry, then a new tenancy shall, by virtue of this section, come into being between the landlord and the tenant on that expiry.

(2) Such a tenancy is also referred to in this Part as a “further Part 4 tenancy”.

(3) The commencement date of a further Part 4 tenancy under this section is the expiry of the further Part 4 tenancy that preceded it.

(4) A further Part 4 tenancy under this section shall, subject to Chapter 3, continue in being—

(a) unless paragraph (b) or (c) applies, for the period of 4 years from its commencement,

(b) if a notice of termination is served in accordance with section 42 , until the expiry of the period of notice given by that notice, or

(c) if a notice of termination under section 34 (b) is served in respect of the tenancy giving a period of notice that expires after the period of 4 years mentioned in paragraph (a), until the expiry of that period of notice.

Terms of a further Part 4 tenancy.

46.—(1) The terms of a further Part 4 tenancy shall be those of the preceding Part 4 tenancy or, as the case may be, the preceding further Part 4 tenancy.

(2) At any time during the period of a further Part 4 tenancy, the parties may, by agreement, vary its terms.

(3) No term purported to be provided for by a variation under subsection (2) shall be a term of a further Part 4 tenancy if the term is inconsistent with this or any other Part of this Act.

Application of Chapter 3 and section 42 to every further Part 4 tenancy.

47.—(1) Chapter 3 applies to every further Part 4 tenancy as it applies to a Part 4 tenancy.

(2) For that purpose, references in that Chapter to a Part 4 tenancy shall be read as references to a further Part 4 tenancy.

(3) For that purpose the following modifications of section 33 and 34 (in Chapter 3) also apply.

(4) In section 33 “section 34 or 42” shall be substituted for “section 34 ”, and section 33 , as it is to be read and have effect for the purposes of this section, is set out in paragraph 1 of the Table to this section.

(5) In paragraph (b) of section 34 “4 years from the commencement of the tenancy” shall be substituted, in subparagraph (ii), for “4 years mentioned in section 28 (2)(a) in relation to the tenancy”, and that paragraph (b), as it is to be read and have effect for the purposes of this section, is set out in paragraph 2 of the Table to this section.

(6) Section 42 applies to a further Part 4 tenancy under section 45 as it applies to a further Part 4 tenancy under section 41 .

TABLE

Chapter 6

Rules governing operation of Part in cases of multiple occupants

Interpretation (Chapter 6).

48.—(1) In this Chapter “multiple tenants” means, in relation to a dwelling, 2 or more persons who are tenants of the dwelling (whether as joint tenants, tenants-in-common or under any other form of co-ownership) and “multiple tenant” means any one of them.

(2) References in this Chapter to a Part 4 tenancy coming into existence and cognate references shall be construed as references to the circumstances in which the tenancy referred to in section 28 is continued in being by virtue of that section.

(3) References in subsequent provisions of this Chapter to a Part 4 tenancy include, unless the context does not admit of such construction, references to a further Part 4 tenancy.

General principle in relation to dwellings occupied by more than one person.

49.—(1) Subject to this Chapter, the provisions of this Part apply regardless of the fact that the dwelling concerned is occupied at the particular time by either or both—

(a) multiple tenants,

(b) one or more persons who are also lawfully in occupation of the dwelling as licensees of the tenant or the multiple tenants, as the case may be.

(2) In particular, the fact that the continuous period of occupation, as respects a particular dwelling, by one or more of the multiple tenants is less than 6 months at a particular time does not prevent a Part 4 tenancy coming into existence at that time in respect of the dwelling if—

(a) another of the multiple tenants has been in continuous occupation of the dwelling for 6 months, and

(b) the condition specified in section 28 (3) is satisfied.

Entitlement of multiple occupant to benefit from Part 4 tenancy.

50.—(1) Subsection (2) applies unless the multiple tenant concerned benefits, by virtue of the preceding Chapters of this Part, from the protection of the Part 4 tenancy on its coming into existence.

(2) A multiple tenant who was in occupation of a dwelling immediately before the coming into existence of a Part 4 tenancy in respect of it shall, on his or her having been in occupation of the dwelling for a continuous period of 6 months (and that tenancy still subsists), benefit from the protection of that tenancy; accordingly the rights, restrictions and obligations under this Part shall, on and from the expiry of that period of 6 months, apply in relation to that multiple tenant as they apply in relation to the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence.

(3) Any person who the landlord accepts as a tenant of a dwelling on, or subsequent to, a Part 4 tenancy coming into existence in respect of it, shall, on his or her having been in occupation of the dwelling for a continuous period of 6 months (and that tenancy still subsists), benefit from the protection of that tenancy; accordingly, the rights, restrictions and obligations under this Part shall, on and from the expiry of that period of 6 months, apply in relation to that person as they apply in relation to the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence.

(4) The reference in subsection (3) to a landlord's accepting a person as a tenant is a reference to his or her accepting a person as a tenant—

(a) whether as a replacement for any of the existing multiple tenants or as an additional tenant to them, and

(b) whether or not the person was immediately before that acceptance a licensee in occupation of the dwelling.

(5) For the purpose of reckoning the continuous period of occupation referred to in subsections (2) and (3), any period of continuous occupation by the person concerned of the dwelling as a licensee (whether that period begins before, on or after the Part 4 tenancy came into existence) may be counted with any continuous period of occupation by that person of the dwelling as a tenant that follows on immediately from it.

(6) For the purpose of, amongst other things, ensuring that the distinction that exists between licences and tenancies does not operate to frustrate the objectives of this Part in cases to which this Chapter applies, subsections (7) and (8) are enacted.

(7) A person who is lawfully in occupation of the dwelling concerned as a licensee of the tenant or the multiple tenants, as the case may be, during the subsistence of a Part 4 tenancy may request the landlord of the dwelling to allow him or her to become a tenant of the dwelling.

(8) The landlord may not unreasonably refuse to accede to such a request; if the request is acceded to—

(a) an acknowledgement in writing by the landlord that the requester has become a tenant of the landlord suffices for the purpose,

(b) the requester shall hold the dwelling—

(i) on the same terms, or as appropriately modified, as those on which the existing tenant or multiple tenants hold the dwelling (other than terms comprising the rights, restrictions and obligations which arise by virtue of a Part 4 tenancy being in existence in respect of the dwelling),

(ii) upon (if such be the case) subsection (3) being satisfied in respect of the requester, subject to the same rights, restrictions and obligations as those subject to which the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence holds the dwelling.

Act of one of multiple tenants cannot prejudice the other's or others' rights.

51.—(1) Without prejudice to subsection (3), no act done by any one or more of the multiple tenants of a dwelling that, apart from this subsection, would have either of the following results, namely—

(a) the termination of the Part 4 tenancy, or

(b) rendering the Part 4 tenancy liable to be terminated by the landlord,

shall have either such result if another of those tenants provides an explanation or information to the landlord from which a landlord acting reasonably in the circumstances would conclude that that act was done without that person's consent.

(2) For the purposes of subsection (1) a landlord acts reasonably in the circumstances concerned if—

(a) he or she requires the last-mentioned tenant in that subsection to provide such information or assistance as he or she may reasonably need to ascertain with whose consent (if any) and by whom the act concerned was done, and

(b) in case that requirement is not complied with, he or she concludes, on account of that non-compliance, that the act concerned was done with the tenant's consent.

(3) Instead of the result mentioned in paragraph (a) or (b) of subsection (1), an act referred to in that subsection that is shown to have been done without the consent of one or more of the other multiple tenants results in—

(a) the tenant responsible for the act (and any tenant who consented to that act) losing the benefit of the protection, if he or she otherwise has the benefit of it, of the Part 4 tenancy, or

(b) the rendering of the benefit for him or her (and any tenant who consented to that act) of that protection, if he or she otherwise has the benefit of it, liable to be terminated by the landlord in accordance with this Part as adapted by subsection (4),

as the case may be.

(4) For the purposes of subsection (3), any provision of this Part which—

(a) provides for the termination of a Part 4 tenancy,

(b) renders such a tenancy liable to termination by the landlord, or

(c) makes provision incidental to, or consequential on, the foregoing,

shall, in relation to a case to which that subsection applies, be construed and operate as a provision which, as appropriate—

(i) provides for the loss of the benefit of the protection of the Part 4 tenancy for the tenant or tenants concerned,

(ii) renders the benefit for that tenant or those tenants of that protection liable to be terminated by the landlord, or

(iii) makes provision incidental to, or consequential on, the matter referred to in paragraph (i) or (ii).

(5) Without limiting the generality of the foregoing, such adaptation of this Part allows the landlord to obtain a determination under Part 6 requiring the tenant who is in default to vacate possession of the dwelling concerned (without prejudice to the other multiple tenant's or tenants' possession of the dwelling).

(6) For the purpose of subsection (4), Part 5 has effect as if every provision it makes with respect to a notice of termination were a provision with respect to a notice terminating the benefit of the protection of the Part 4 tenancy concerned.

(7) In this section a reference to the doing of an act includes the making of an omission.

Immaterial that tenant whose occupation gave rise to Part 4 tenancy quits or dies.

52.—For the avoidance of doubt, neither—

(a) the vacating of possession of the dwelling concerned by the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence in respect of that dwelling, nor

(b) the death of that tenant,

of itself, deprives the other multiple tenant or tenants of the benefit of that tenancy's protection.

No separate Part 4 tenancy to arise in multiple tenant's favour.

53.—The conferral of the benefit of the protections under this Part on a person referred to in section 50 (2) or (3) shall not be read as operating to bring into existence a separate Part 4 tenancy in his or her favour as respects the dwelling concerned.

Chapter 7

Miscellaneous

No contracting out from terms of Part permitted.

54.—(1) No provision of any lease, tenancy agreement, contract or other agreement (whether entered into before, on or after the relevant date) may operate to vary, modify or restrict in any way a provision of this Part.

(2) This section is without prejudice to section 26 (which allows more beneficial rights for a tenant than those accorded by this Part).

Protection under this Part and long occupation equity.

55.—(1) For the avoidance of doubt, occupation under a Part 4 tenancy or a further Part 4 tenancy shall be reckoned for the purposes of section 13(1)(b) of the Landlord and Tenant (Amendment) Act 1980 .

(2) Neither—

(a) a termination under section 34 on one or more of the grounds specified in paragraphs 2 to 6 of the Table to that section, nor

(b) a termination under section 42 ,

of a Part 4 tenancy or a further Part 4 tenancy shall be regarded as a termination of that tenancy for the purposes of section 17(1)(a) of the Landlord and Tenant (Amendment) Act 1980 .

Damages for abuse of section 34 termination procedure.

56.—(1) This section applies where—

(a) a tenant under a Part 4 tenancy, or under a further Part 4 tenancy, has vacated possession of the dwelling concerned on foot of a notice of termination served under section 34 (a),

(b) that notice of termination cited as the reason for the termination one or more of the grounds specified in paragraphs 3 to 6 of the Table to section 34 , and

(c) (i) in case the ground cited is that specified in paragraph 3 of that Table, the thing mentioned in that paragraph is not done within the period specified in that paragraph,

(ii) in case the ground cited is that specified in paragraph 4 of that Table, the occupation by the person concerned does not take place within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,

(iii) in case the ground cited is that specified in paragraph 5 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,

(iv) in case the ground cited is that specified in paragraph 6 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph.

(2) Where this section applies, the tenant may make a complaint to the Board under Part 6 that, by reason of the matters mentioned in subsection (1), he or she has been unjustly deprived of possession of the dwelling concerned by the landlord.

(3) An adjudicator or the Tribunal, on the hearing of such a complaint, may, if he or she or it considers it proper to do so, make—

(a) a determination comprising a direction that the landlord shall pay to the complainant an amount by way of damages for that deprivation of possession,

(b) subject to section 118 , a determination comprising a direction that the complainant be permitted to resume possession of the dwelling concerned, or

(c) subject to section 118 , a determination comprising both of the foregoing directions.

(4) Damages may not be directed to be paid to a particular person, in respect of the same deprivation of possession, under both subsection (3) and section 118 (1).

(5) If 2 or more of the grounds specified in paragraphs 3 to 6 of the Table to section 34 were cited in the notice of termination concerned, then paragraph (c) of subsection (1) shall be read as meaning that an omission of the kind mentioned in that paragraph must have occurred in relation to each of those grounds.

(6) For the avoidance of doubt—

(a) this section applies even though the tenant vacated possession of the dwelling only after a dispute in relation to the validity of the notice of termination was finally determined under Part 6 (but in such a case subsection (1) has effect as if the paragraph set out in the Table to this section were substituted for paragraph (c) of that subsection), and

(b) this section is without prejudice to the tenant's right to put in issue, in a dispute in relation to the validity of the notice of termination referred to the Board under Part 6, the bona fides of the intention of the landlord to do or, as appropriate, permit to be done the thing or things mentioned in the notice.

TABLE

PART 5

Tenancy Terminations — Notice Periods and other Procedural Requirements

Chapter 1

Scope of Part and interpretation provisions

Purpose of Part.

57.—The purpose of this Part is to specify the requirements for a valid termination by the landlord or tenant of a tenancy of a dwelling, whether the dwelling is—

(a) one to which this Act applies but to which Part 4 does not apply (by reason of the operation of section 25 ), or

(b) one to which both this Act and that Part applies (in which case those requirements are in addition to the requirements of that Part with regard to the termination of a Part 4 tenancy or a further Part 4 tenancy).

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).

Exclusion of existing rules and enactments.

59.—Subject to section 60 , neither—

(a) any rule of law, nor

(b) provision of any enactment in force immediately before the commencement of this Part,

which applies in relation to the termination of a tenancy (and, in particular, requires a certain period of notice or a period of notice ending on a particular day to be given) shall apply in relation to the termination of a tenancy of a dwelling.

Greater notice periods not affected.

60.—If, in every case or a particular case or cases in which a right of termination is to be exercised, the lease or tenancy agreement comprising the tenancy requires a greater period of notice to be given by a notice of termination than that required by this Part, then, subject to section 65 (4), that greater period of notice shall be given by that notice in (as appropriate) every such case or such particular case or cases.

Construction of certain references to periods of notice and duration of tenancies.

61.—(1) A reference in this Part to a particular period of notice to be given by the notice of termination concerned is a reference to such a period that begins on the day immediately following the date of service of the notice.

(2) A reference in this Part to the duration of a tenancy is a reference to the period beginning on the day on which the tenancy came into existence or the relevant date, if later, and ending on the date of service of the notice of termination concerned.

Chapter 2

What a valid notice of termination must contain

Requirements for a valid notice of termination.

62.—(1) A notice of termination to be valid shall—

(a) be in writing,

(b) be signed by the landlord or his or her authorised agent or, as appropriate, the tenant,

(c) specify the date of service of it,

(d) be in such form (if any) as may be prescribed,

(e) if the duration of the tenancy is a period of more than 6 months, state (where the termination is by the landlord) the reason for the termination,

(f) specify the termination date, that is to say, the day (stating the month and year in which it falls)—

(i) on which the tenancy will terminate, and

(ii) on or before which (in the case of a termination by the landlord) the tenant must vacate possession of the dwelling concerned, (and indicating that the tenant has the whole of the 24 hours of the termination date to vacate possession),

and

(g) state that any issue as to the validity of the notice or the right of the landlord or tenant, as appropriate, to serve it must be referred to the Board under Part 6 within 28 days from the date of receipt of it.

(2) Subsection (1) is without prejudice to Chapter 4 and section 81 (3) (which specify additional requirements in respect of a tenancy that has been sub-let).

Date to be specified for purposes of section 62 (1)(f).

63.—For the purposes of section 62 (1)(f), the day that is to be specified in a notice of termination is the last day of—

(a) the period which, by reason of Chapter 3, is the period of notice to be given by that notice of termination, or

(b) such longer period of notice as the landlord or tenant (as appropriate) chooses, subject to section 65 (4), to give by that notice of termination.

Reference to and validity of date of service of notice of termination.

64.—(1) For the avoidance of doubt, the specification in a notice of termination of a date as being its date of service does not comply with section 62 (1)(c) if any relevant step in the service of that notice remains untaken on that date.

(2) A relevant step in the service of a notice remains untaken for the purposes of subsection (1) if any of the steps that are within the power or control of the landlord or tenant or agent (as appropriate) to take for the purpose of effecting such service remains untaken.

(3) A reference in this Part to the date of service of a notice of termination is a reference to the date the specification of which, in the notice of termination, complies with subsection (1).

Chapter 3

Period of notice to be given

What this Chapter does.

65.—(1) This Chapter states the period of notice to be given by a notice of termination.

(2) Nothing in this Chapter is to be read as requiring the period of notice concerned to be actually mentioned in the notice of termination; compliance with section 62 (1)(f) (which relates to the termination date) suffices for the purposes of communicating the length of notice being given.

(3) Subject to subsection (4), a greater period of notice than that required by this Chapter may be given if the landlord or tenant (as appropriate) so chooses.

(4) If the duration of the tenancy concerned is less than 6 months, a period of notice of more than 70 days may not be given in respect of it.

Period of notice where section 67 or 68 is inapplicable.

66.—(1) This section applies where the tenancy is being terminated—

(a) otherwise than by reason of the landlord's or tenant's failure to comply with any of the obligations of the tenancy, or

(b) by reason of such a failure but a condition in another section of this Chapter is required to be satisfied if the period of notice provided by that section is to apply and that condition is not satisfied.

(2) Where this section applies the period of notice to be given by the notice of termination is—

(a) in the case of a termination by the landlord, the period mentioned in column (2) of Table 1 to this section opposite the mention of the duration of the tenancy concerned in column (1) of that Table, and

(b) in the case of a termination by the tenant, the period mentioned in column (2) of Table 2 to this section opposite the mention of the duration of the tenancy concerned in column (1) of that Table.

(3) This section is subject to section 69 .

TABLE 1

Termination by Landlord

TABLE 2

Termination by Tenant

Period of notice for termination by landlord where tenant in default.

67.—(1) This section applies where the tenancy is being terminated by the landlord by reason of the failure of the tenant to comply with any of the obligations of the tenancy.

(2) Where this section applies the period of notice to be given by the notice of termination is—

(a) 7 days, if the tenancy is being terminated by reason of behaviour of the tenant that is—

(i) behaviour falling within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17 (1), or

(ii) threatening to the fabric of the dwelling or the property containing the dwelling,

or

(b) 28 days, if the tenancy is being terminated—

(i) for any other reason (but not a failure to pay an amount of rent due), or

(ii) for failure to pay an amount of rent due and the condition specified in subsection (3) is satisfied,

regardless of the duration of the tenancy.

(3) The condition mentioned in subsection (2)(b)(ii) is that the tenant has been notified in writing by the landlord that an amount of rent due has not been paid and 14 days elapse from the receipt of that notice without the amount concerned having been paid to the landlord.

(4) This section is subject to section 69 .

Period of notice for termination by tenant where landlord in default.

68.—(1) This section applies where—

(a) the tenancy is being terminated by the tenant by reason of the failure of the landlord to comply with any obligations of the tenancy, and

(b) in a case falling within subsection (2)(b), the condition specified in subsection (3) in relation to a termination in such a case is satisfied.

(2) Where this section applies the period of notice to be given by the notice of termination is—

(a) 7 days, if the tenancy is being terminated by reason of behaviour of the landlord that poses an imminent danger of death or serious injury or imminent danger to the fabric of the dwelling or the property containing the dwelling, or

(b) 28 days, if the tenancy is being terminated for any other reason,

regardless of the duration of the tenancy.

(3) The condition mentioned in subsection (1)(b) is—

(a) the landlord has been notified in writing of the failure concerned by the tenant, and

(b) the landlord does not remedy the failure within a reasonable time after being so notified.

(4) In subsection (3) “remedy the failure” means—

(a) in the case of a failure that does not result in financial loss or damage to the tenant or his or her property, to desist from the conduct that constitutes the failure, or if the failure consists of an omission to comply with an obligation, comply with that obligation, and

(b) in the case of a failure that does result in financial loss or damage to the tenant or his or her property—

(i) to pay adequate compensation to the tenant or repair the damage fully, and

(ii) unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be.

(5) This section is subject to section 69 .

Exception to requirements of sections 66 to 68.

69.—(1) Subject to subsection (2), the landlord or tenant may agree to a lesser period of notice being given than that required by a preceding provision of this Chapter and such lesser period of notice may be given accordingly.

(2) Such an agreement to a lesser period of notice being given may only be entered into at, or after, the time it is indicated to the tenant or landlord (as appropriate) by the other party that he or she intends to terminate the tenancy.

(3) For the avoidance of doubt, a term of a lease or tenancy agreement cannot constitute such an agreement.

Chapter 4

Additional requirements and procedures where tenancy sub-let

Notices of termination in cases of tenancies that are sub-let.

70.—(1) This section applies where—

(a) the tenancy (“the head-tenancy”) of the dwelling concerned is the subject of a sub-tenancy (“the sub-tenancy”), and

(b) the landlord under the head-tenancy proposes to terminate the head-tenancy.

(2) Where this section applies, a notice of termination in respect of the head-tenancy must, in addition to its complying with section 62 , state whether or not the landlord under the head-tenancy requires the head-tenant to terminate the sub-tenancy.

(3) If a requirement to terminate the sub-tenancy is stated in such a notice, then, in addition to its being served on the head-tenant, a copy of that notice must be served on the tenant of the sub-tenancy (“the sub-tenant”).

Procedures on foot of service of notice mentioned in section 70 in non-contentious case.

71.—(1) Where—

(a) section 70 applies,

(b) a requirement is stated in the notice of termination of the head-tenancy to terminate the sub-tenancy, and

(c) no dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board, the head-tenant must, within 28 days from the receipt of that notice, comply with that requirement, that is to say, serve a notice of termination in respect of the sub-tenancy on the sub-tenant.

(2) “Head-tenancy”, “head-tenant”, “sub-tenancy” and “sub-tenant” in this section shall be construed in accordance with section 70 .

Procedures on foot of service of notice in cases not falling under section 71 .

72.—(1) Where—

(a) section 70 applies,

(b) the notice of termination of the head-tenancy does not require the termination of the sub-tenancy, and

(c) no dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board,

the head-tenant must, within 28 days from the receipt of that notice, notify the sub-tenant of the contents of that notice.

(2) Where—

(a) section 70 applies,

(b) the notice of termination of the head-tenancy does not require the termination of the sub-tenancy, and

(c) a dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board,

the head-tenant must, within 28 days from the receipt of that notice, notify the sub-tenant—

(i) of the contents of that notice, and

(ii) of the fact that that dispute has been referred to the Board.

(3) The particulars of the determination order (if any) made by the Board on foot of that reference must be notified by the head-tenant to the sub-tenant within 14 days from the receipt by the head-tenant of the order.

(4) “Head-tenancy”, “head-tenant”, “sub-tenancy” and “sub-tenant” in this section shall be construed in accordance with section 70 .

Chapter 5

Miscellaneous

Notice of termination by multiple tenants.

73.—(1) Subsection (2) applies where a notice of termination is being served in respect of a dwelling by all of the multiple tenants of the dwelling.

(2) Where this subsection applies, it suffices, for the purposes of section 62 (1)(b), that the notice of termination is signed by one of the multiple tenants if—

(a) the notice states it is signed by that person on behalf of himself or herself and the other tenant or tenants, and

(b) the other tenant or each other tenant is named in the notice.

(3) Any rule of law that a notice of termination served by any of 2 or more multiple tenants under a periodic tenancy of a dwelling without the concurrence of the other or others, or without the knowledge of the other or others, is effective to terminate that tenancy is abolished.

(4) In this section “multiple tenants” has the same meaning as it has in Chapter 6 of Part 4.

Offence to do certain acts on foot of invalid termination.

74.—(1) A person is guilty of an offence if—

(a) a notice of termination that is invalid purports to be served by the person (or on his or her behalf) in respect of a tenancy, and

(b) the person does any act, in reliance on the notice, that affects adversely, or is calculated to affect adversely, any interest of the person on whom the notice is served.

(2) In proceedings for an offence under this section, it is a defence to show that the defendant neither knew nor could reasonably be expected to have known of the existence of any fact that gave rise to the invalidity of the notice concerned.

(3) For the purposes of subsection (1), an act is done by a person in reliance on a notice if—

(a) its doing is accompanied or preceded by a statement made by the person (in writing or otherwise and however expressed) that it is being done, or will be done, in reliance on the notice, or

(b) in all the circumstances it is reasonable to infer that it is done in reliance on the notice.

(4) For the avoidance of doubt, references in this section to the doing of an act include references to the making of a statement (whether in writing or otherwise).

PART 6

Dispute Resolution

Chapter 1

Referral of matters to Board for resolution

Interpretation (Part 6).

75.—(1) References in this Part to the referral of a matter to the Board for resolution are references to the referral of the matter for the purposes of mediation, a determination by an adjudicator or a determination by the Tribunal under this Part (or more than one of those things) being carried out or made in relation to it.

(2) References in this Part to a dispute include references to a disagreement and, unless the context does not admit of such a construction, a complaint mentioned in section 56 (2), 76(4), 77 or 195(4) or paragraph 8(2) of the Schedule to this Act.

(3) For the purposes of subsection (2) “disagreement” shall be deemed to include—

(a) any issue arising between the parties with regard to the compliance by either with his or her obligations as landlord or tenant under the tenancy,

(b) any matter with regard to the legal relations between the parties that either or both of them requires to be determined (for example, whether the tenancy has been validly terminated),

and, without prejudice to the generality of the foregoing, shall be deemed to include a claim by the landlord for arrears of rent to which the tenant has not indicated he or she disputes the landlord's entitlement but which it is alleged the tenant has failed to pay.

(4) References in this Part to a party, without qualification, are references to—

(a) a party to the dispute or disagreement concerned,

(b) in the case of proceedings referred to in section 23 to recover rent or other charges where the landlord or the person alleged to owe the rent or other charges is deceased, the personal representative of the landlord or that other person,

(c) the personal representative of the landlord or the tenant in any other case where, if the matter were a cause of action (within the meaning of the Civil Liability Act 1961 ), it would have survived for the benefit of, or against, the estate of the landlord or the tenant,

(d) in the case of a complaint mentioned in section 76 (4), the licensee and the landlord, and

(e) in the case of a complaint mentioned in section 77 —

(i) the complainant, and

(ii) the landlord of the dwelling concerned.

Right of referral by parties to tenancy and certain other persons.

76.—(1) Either or both of the parties to an existing or terminated tenancy of a dwelling may, individually or jointly, as appropriate, refer to the Board for resolution any matter relating to the tenancy in respect of which there is a dispute between them.

(2) In the case of a tenancy that has been terminated a dispute as to the amount of any rent that had been agreed to or paid by the former tenant may not be referred by him or her to the Board for resolution at any time after the period of 28 days from the termination of the tenancy.

(3) The landlord may refer to the Board for resolution any matter relating to a dwelling in respect of which there is a dispute between the landlord and another, not being the tenant but through whom the other person claims any right or entitlement.

(4) A licensee referred to in section 50 (7) may refer to the Board for resolution a complaint by him or her that the landlord referred to in that provision has unreasonably refused to accede to a request of the licensee made under that provision.

Right of referral in respect of breach of duty under section 15 .

77.—(1) A person referred to in section 15 may, if the conditions specified in subsection (2) are satisfied, refer to the Board for resolution a complaint by him or her that the landlord of a dwelling has breached the duty owed to him or her under that section.

(2) The conditions mentioned in subsection (1) are—

(a) the referrer of the complaint is or was directly and adversely affected by the breach of duty alleged in the complaint, and

(b) before making the reference, the referrer, by communicating or attempting to communicate, with the relevant parties or former parties to the tenancy concerned, took all reasonable steps to resolve the matter (but this requirement shall not be read as requiring the institution of legal proceedings or those parties being given to understand that such proceedings might be instituted).

(3) For the purposes of facilitating the person's compliance with subsection (2)(b), the Board may furnish to a person who proposes to make a reference under this section the name and address of the landlord or his or her authorised agent (or the former landlord or his or her authorised agent) of the dwelling concerned if it appears to the Board that the first-mentioned person is a person who may make a reference under this section in relation to the matter concerned.

Particular matters that may be referred (non-exhaustive list).

78.—(1) Without prejudice to the generality of sections 76 and 77, the matters in respect of which disputes and, where appropriate, complaints may be referred to the Board for resolution include—

(a) the retention or refund of a deposit,

(b) the amount that ought to be initially set (in compliance with section 19 ) as the amount of rent under a tenancy,

(c) the time at which a review of rent referred to in Part 3 should take place or the amount of rent that should be determined on foot of that review,

(d) an alleged failure by the tenant to comply with any of the obligations applicable to the tenant, including those contained in any lease or tenancy agreement,

(e) an alleged failure by the landlord to comply with any of the obligations applicable to the landlord, including those contained in any lease or tenancy agreement,

(f) an allegation that the landlord has sought to terminate a tenancy other than in accordance with the provisions of Part 4,

(g) an allegation that the ground stated by the landlord for the purposes of terminating a tenancy was not valid or that the notice used to terminate a tenancy did not comply with this Act,

(h) the appropriate period of notice to be given by a notice of termination in respect of a tenancy,

(i) whether a tenancy stands terminated notwithstanding the absence of the service of a notice of termination by the tenant and where the tenant has allegedly vacated the dwelling concerned,

(j) an alleged failure by the tenant or other occupant to offer up, by the specified date, vacant possession of a dwelling on foot of receipt by him or her of a notice of termination validly served by the landlord,

(k) an alleged failure by a sub-tenant to offer up, by the specified date, vacant possession of a dwelling on foot of receipt by him or her of a notice of termination validly served by a head-tenant,

(l) a claim for recovery of costs or damages or both by a landlord or tenant in respect of a failure by either to comply with his or her obligations applicable to the tenancy including those contained in any lease or tenancy agreement,

(m) a claim for costs or damages or both by a landlord or tenant for the purported termination of a tenancy otherwise than in accordance with this Act,

(n) an alleged failure by a person to comply with a determination order made by the Board,

(o) an allegation that a landlord has contravened section 14 (prohibition on penalisation of tenants),

(p) an allegation that an agreement referred to in section 35 (6) has not been complied with,

(q) a claim by a landlord for arrears of rent or other charges.

(2) For the avoidance of doubt, a dispute may, subject to the provisions of this Part, be referred by a sub-tenant to the Board for resolution with regard to a notice of termination served in respect of the head-tenancy out of which the sub-tenant's tenancy arises whether or not such a dispute is also so referred by the head-tenant.

(3) On such a reference by the sub-tenant he or she shall have standing to put in issue any matter relating to the notice of termination concerned despite the head-tenant's—

(a) not having taken any issue with the head-landlord in relation to that matter, or

(b) having made any representation to the landlord or done any act that estops him or her from taking any such issue with the head-landlord, or

(c) not putting in issue that matter in any dispute so referred by himself or herself with regard to the notice of termination.

Different matters may be the subject of a single reference.

79.—There may be included in the same reference to the Board under section 76 or 77 disputes and, where appropriate, complaints in respect of 2 or more different matters.

Time limit for referring particular type of dispute.

80.—A dispute relating to the validity of a notice of termination which has been served or purported to be served may not be referred to the Board for resolution at any time after the period of 28 days has elapsed from the date of receipt of that notice.

Tenancies and subtenancies: referral of disputes concerning their termination.

81.—(1) The purpose of this section is to—

(a) limit, in certain circumstances, the right of referral to the Board by a sub-tenant of a dispute concerning the termination of the tenancy out of which his or her sub-tenancy arises, and

(b) require the tenant of such a tenancy (in addition to employing the procedures under Chapter 4 of Part 5) to make a certain inquiry of the sub-tenant before the tenant may himself or herself refer to the Board for resolution a dispute concerning the termination of that tenancy.

(2) If a landlord, in serving a notice of termination on a tenant in respect of a tenancy, requires the tenant to terminate any sub-tenancy arising out of the tenancy, the tenant shall, if the tenant intends to refer to the Board for resolution a dispute concerning the termination of the tenancy, require the sub-tenant to inform him or her, within 10 days from receipt of the notice mentioned in subsection (3), whether or not the sub-tenant intends to refer to the Board for resolution any dispute that the sub-tenant considers thereby arises or exists in the circumstances relating to the termination of the tenancy.

(3) That requirement shall be stated in the notice of termination required by the landlord to be served by the head-tenant on the sub-tenant.

(4) If a sub-tenant does not comply with the requirement mentioned in subsection (2) within the period specified in that subsection then the sub-tenant may not refer to the Board for resolution any dispute concerning the termination of the tenancy concerned.

(5) If the tenant—

(a) does not comply with the second-mentioned requirement in subsection (2), then the tenant may not refer to the Board for resolution any dispute concerning the termination of the tenancy concerned, or

(b) does comply with that requirement, the tenant may not refer to the Board for resolution such a dispute until 15 days elapse from the date of service of the notice concerned mentioned in subsection (3).

Withdrawal of matter referred to Board.

82.—(1) A party who has referred under this Part any matter to the Board may, at any stage, withdraw the matter.

(2) Subject to subsection (3), a party shall indicate his or her wish to withdraw such a matter by serving a notice in writing on the Board to that effect.

(3) If the matter is being dealt with by a mediator, an adjudicator or the Tribunal, it suffices for the party to indicate, orally to him or her or it, that the party is withdrawing the matter.

(4) Without prejudice to subsection (5), on oral or written notice, as appropriate, being given in respect of the withdrawal, the Board, the mediator, the adjudicator or the Tribunal shall consider the matter concerned withdrawn and, accordingly, shall not deal with it any further.

(5) On such notice being given to it or him or her, the Board, the mediator, the adjudicator or the Tribunal shall ascertain whether the other party to the dispute concerned objects to the withdrawal and, if he or she does so, the Board, mediator, adjudicator or Tribunal may direct that the party withdrawing the matter shall pay to the other party such costs and expenses incurred by that other party as it or he or she determines.

Board not to deal with reference if fee not paid or tenancy not registered.

83.—(1) Subject to subsection (3), the Board shall not—

(a) deal initially with a dispute referred to it under this Part, or

(b) allow any other procedure under this Part to be followed in relation to a dispute referred to it under this Part,

if the fee of the specified amount prescribed by rules under section 109 in relation to that initial dealing or the following of that procedure has not been paid to it.

(2) Subject to subsection (3), the Board shall not deal with a dispute in relation to a tenancy referred to it under this Part by the landlord of the dwelling concerned if the tenancy is not registered under Part 7.

(3) The Board may, in the case of a default in payment of a particular fee or registration under Part 7 of a particular tenancy, notify the person or persons concerned of the default and afford the person or persons concerned a reasonable opportunity to rectify the matter; if the matter is rectified within a reasonable time the Board shall, subject to this Part, deal with the dispute or permit the other procedure to be followed in relation to it, as the case may be.

Further right of Board not to deal with certain references.

84.—(1) If the Board is of opinion that, in relation to a dispute referred to the Board—

(a) the dwelling, the subject of the dispute, is not a dwelling to which this Act applies,