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27 2004

Residential Tenancies Act 2004

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,


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notice of termination has been so served, that condition shall be regarded as satisfied if the notice is subsequently withdrawn.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