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27 2004

Residential Tenancies Act 2004

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

1.  A further Part 4 tenancy may not be terminated by the landlord save in accordance with section 34 or 42.

2.  (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 from the commencement of the tenancy.