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27 2004

Residential Tenancies Act 2004

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.