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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. |