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27 2004

Residential Tenancies Act 2004

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.