Residential Tenancies Act 2004

• (i) consist of a permanent extension to the dwelling that increases the F80[floor area of the dwelling by an amount equal to not less than 25 per cent of the floor area] of the dwelling as it stood immediately before the commencement of those works,

• (ii) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply, result in the F81[annual primary energy use per floor area being reduced by not less than 150 kWh/(m².y)], or

• (iii) result in any 3 or more of the following:

• (I) the internal layout of the dwelling being permanently altered;

• (II) the dwelling being adapted to provide for access and use by a person with a disability, within the meaning of the Disability Act 2005;

• (III) a permanent increase in the number of rooms in the dwelling;

• (IV) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply and that has F81[annual primary energy use per floor area of greater than 225 kWh/(m².y), that annual primary energy use per floor area being reduced by not less than 75 kWh/(m².y)]; or

• (V) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply and that has F81[an annual primary energy use per floor area of up to 225 kWh/(m².y), that annual primary energy use per floor area being reduced by not less than 50 kWh/(m².y)],

and

• (b) the works carried out under paragraph (a) do not solely consist of works carried out for the purposes of compliance with section 12(1)(b).]

• F82[(5B) Where, in setting, at any particular time, the rent under the tenancy of a dwelling F83[…], a landlord seeks to rely on subsection (5), the landlord shall—

• (a) serve a notice in the prescribed form together with all relevant supporting information on the Board F84[and the tenant] setting out the reasons why, in the landlord’s opinion, subsection (4) does not apply to the dwelling,

• (b) specify in the notice the rent set under the tenancy of the dwelling and the amount of rent last set under the tenancy of the dwelling, and

• (c) serve the notice and information under paragraphs (a) and (b) within 1 month from the setting of the rent under the tenancy of the dwelling.]

• F85[(6) Where a notice referred to in section 22(2) has been served by a landlord on the tenant before 1 March 2026, then this section shall apply to the new rent, referred to in section 22(2), stated in that notice in accordance with section 22, as if section 8 of the Residential Tenancies (Miscellaneous Provisions) Act 2026 had not been enacted.]

• F86[(6A) F87[…]]

• F88[(6B) A person, who in purported compliance with subsection (5B), furnishes information to the Board which is false or misleading in a material respect knowing it to be so false or misleading or being reckless as to whether it is so false or misleading shall be guilty of an offence.

• (6C) F87[…]]

• F89[(6D) Where it appears to the Board that a person has failed to comply with subsection (4) or (5B), the Board may serve the notice referred to in subsection (6E).

• (6E) The notice shall—

• (a) inform the person of the Board’s opinion, and

• (b) request the person to, within the period specified in the notice—

• (i) comply with subsection (4) or (5B), as the case may be, or

• (ii) furnish to the Board the reasons why the person considers (if such be the case) that the opinion is not well founded.

• (6F) If the person, within the period specified in the notice—

• (a) does not comply with subsection (4) or (5B), as the case may be, or

• (b) does not furnish the reasons to the Board or furnishes reasons which do not result in the Board altering its opinion,

the Board shall serve a further notice on the person stating that the person is required to comply with subsection (4) or (5B), as the case may be, that the Board’s opinion has not altered and that, if the person fails to do so within 14 days from the receipt by the person of the notice, the person shall be guilty of an offence.

• (6G) A person who fails to comply with a notice under subsection (6F) within 14 days from the receipt by the person of the notice shall be guilty of an offence.]

• F90[(7) In this section—

"7 day notice" has the same meaning as it has in the Building Control Act 1990;

F91["annual primary energy use per floor area" means the annual primary energy use per floor area recorded in kWh/(m².y) in respect of the dwelling on the BER register on the basis of a BER assessment in accordance with the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012);]

"building control authority" has the same meaning as it has in the Building Control Act 1990;

"commencement notice" means a notice referred to in paragraph (k) of section 6 (2) of the Building Control Act 1990;

"CPI number" means the All Items Consumer Price Index Number compiled and published by the Central Statistics Office.]

19A. F92[Setting of rent under tenancy for dwellings referred to in section 3(4)

19A.—(1) In setting the rent under the tenancy of a dwelling referred to in section 3(4) the amount of rent under the tenancy of a dwelling—

• (a) referred to in paragraph (a) of section 3(4), shall be determined in accordance with the contract or lease referred to in section 3(2A), and

• (b) referred to in paragraph (b) of section 3(4), shall be determined in accordance with the terms of the assistance referred to in that paragraph.

• (2) Where there is a subsequent setting of rent under a tenancy referred to in subsection (1) by way of a review under section 20A, the amount of rent set following such review shall be determined—

• (a) in the case of a dwelling referred to in paragraph (a) of subsection (1), in accordance with the contract or lease referred to in that paragraph, and

• (b) in the case of a dwelling referred to in paragraph (b) of subsection (1), in accordance with the assistance referred to in that paragraph.]

19B. F93[Restrictions on amounts payable

19B.—(1) F94[Payment shall not be sought from a person or a person shall not be required,] for the purpose of securing a tenancy, to make any payment other than—

• (a) an advance payment of rent, which shall be no greater than the amount of rent payable under the tenancy agreement in respect of a period of one month, and

• (b) a deposit of an amount no greater than that payable under the tenancy agreement as rent in respect of a period of one month.

• (2) A tenancy agreement shall not provide for an advance payment of rent, during the currency of the tenancy, which exceeds an amount that is payable under the tenancy as rent in respect of a period of one month and any payment made under paragraph (a) of subsection (1) shall be treated as an advance payment of rent for the purposes of this subsection.

• (3) F94[Subject to subsection (3A) and notwithstanding] subsections (1)(a) and (2), a tenant of a dwelling referred to in subsection (1A) of section 3 may, if he or she so wishes, and with the agreement of his or her landlord, make an advance payment of rent which exceeds an amount that would be payable under the tenancy as rent in respect of a period of one month.

• F95[(3A) An advance payment of rent may only be made in accordance with subsection (3) where the tenant is liable to pay both of the following to a single relevant provider:

• (a) tuition fees;

• (b) rent in respect of a tenancy.]

• (4) Nothing in this section shall prevent a landlord from requiring a tenant to pay to him or her any monies arising from any outstanding legal obligations, whether on foot of the tenancy agreement, any previous tenancy or otherwise.

• (5) This section shall apply to a tenancy created not earlier than one month after the passing of the Residential Tenancies (No. 2) Act 2021.]

• F95[(6) In this section—

"landlord" in addition to the meaning assigned to it by section 5, includes a person holding himself, herself or itself out to have a dwelling available for occupation under a tenancy;

"relevant provider" has the meaning given to it by the Qualifications and Quality Assurance (Education and Training) Act 2012;

"tuition fees" has the meaning given to it by the Student Support Act 2011.]

19C. F96[Duration of tenancy for dwellings referred to in section 3(1A)

19C.—(1) The duration of a tenancy of a relevant dwelling shall not exceed a period of 41 weeks.

• (2) A landlord shall not request that a person enters or require a person to enter into a lease or tenancy agreement in relation to a relevant dwelling the duration of which exceeds a period of 41 weeks.

• (3) Notwithstanding subsection (1) or (2), a person may, at his or her request, and with the agreement of the landlord, enter into a lease or tenancy agreement in relation to a relevant dwelling the duration of which is a period of more than 41 weeks.

• (4) In this section—

"landlord" in addition to the meaning assigned to it by section 5, includes a person holding himself, herself or itself out as having a relevant dwelling available for occupation under a tenancy;

"relevant dwelling" means a dwelling referred to in subsection (1A) of section 3.]

20. Frequency with which rent reviews may occur.

20.—(1) Subject to subsection (3), a review of the rent under the tenancy of a dwelling may not occur—

• (a) more frequently than once in each period of 12 months, nor

• (b) in the period of 12 months beginning on the commencement of the tenancy.

• (2) Subsection (1) has effect notwithstanding any provision to the contrary in the lease or tenancy agreement concerned.

• (3) Subsection (1) does not apply despite the fact that a period of less than 12 months has elapsed from—

• (a) the last review of the rent under the tenancy, or

• (b) the commencement of the tenancy,

if, in that period—

• (i) a substantial change F97[(within the meaning of subsection (5A) of section 19)] in the nature of the accommodation provided under the tenancy occurs, and

• (ii) the rent under the tenancy, were it to be set immediately after that change, would, by virtue of that change, be different to what was the market rent for the tenancy at the time of that last review or the commencement of the tenancy, as the case may be.

• F98[(4) The references to "12 months" in—

• (a) paragraphs (a) and (b) of subsection (1), and

• (b) subsection (3),

shall, for the duration of the relevant period, be construed as references to "24 months".

• (5) Subsections (4) and (6) shall cease to have effect on F99[F100[the day following the day on which the relevant period ends] and from that day]—

• (a) paragraphs (a) and (b) of subsection (1), and

• (b) subsection (3),

shall be read as if subsection (4) had not been enacted.

• (6) In F100[subsections (4) and (5)], "relevant period" means the period commencing on the day on which section 25 of the Residential Tenancies (Amendment) Act 2015 comes into operation and ending on F100[the day that falls two years after the coming into operation of the Residential Tenancies (Amendment) Act 2025].]

20A. F102[Rent review for dwellings referred to in section 3(4) of Principal Act

20A.—(1) A review of the rent under the tenancy of a dwelling referred to in section 3(4) shall be carried out in accordance with the tenancy agreement relating to the tenancy of the dwelling.

• (2) Where a tenancy agreement referred to in subsection (1) does not include provision for a review of the rent of a dwelling referred to in section 3(4), subject to subsection (3), either party may require a review of the rent under the tenancy to be carried out for the purpose of setting the rent.

• (3) A review referred to in subsection (2) shall not be carried out more than once in any 12 month period.]

20B. F103[Application of section 20 (frequency with which rent reviews may occur)

20B.—(1) Where, immediately before the coming into operation of section 2 (a) of the Residential Tenancies (Miscellaneous Provisions) Act 2026, section 24C applied to a tenancy, section 24C shall continue to apply to the tenancy as if that Act had not been enacted.

• (2) Where a tenancy commences on or after 1 March 2026, then any review of the rent under the tenancy shall be carried out as if subsections (4) to (6) of section 20 had not been enacted.]

21. Right to review of rent where none provided.

21.—If the lease or tenancy agreement concerned does not provide for such a review or the tenancy concerned is an implied one, either party may, subject to section 20, require a review of the rent under the tenancy to be carried out and a new rent, if appropriate, set on foot of that review.

22. Tenant to be notified of new rent.

22.—(1) The setting of a rent (the “new rent”) pursuant to a review of the rent under a tenancy of a dwelling and which is otherwise lawful under this Part shall not have effect unless and until the condition specified in subsection (2) is satisfied.

• (2) That condition is that, at least F104[90 days] before the date from which the new rent is to have effect, a notice F105[in the prescribed form] is served by the landlord on the tenant stating the amount of the new rent and the date from which it is to have effect F106[and the matters specified in subsection (2A) F107[, and a copy of that notice is served on the Board F108[within 7 days of the date] on which the notice is served on the tenant]].

• F106[(2A) The notice referred to in subsection (2) shall—

• (a) without prejudice to subsection (2) and pursuant to the condition referred to in that subsection, state the amount of the new rent and the date from which it is to have effect,

• (b) include a statement that a dispute in relation to the setting of a rent pursuant to a review of the rent under a tenancy must be referred to the Board under Part 6 before—

• (i) the date stated in the notice as the date from which that rent is to have effect, or

• (ii) the expiry of 28 days from the receipt by the tenant of that notice,

whichever is the later,

• (c) include a statement by the landlord that in his or her opinion the new rent is not greater than the market rent, having regard to—

• (i) the other terms of the tenancy, and

• (ii) F109[rent information contained in the published register in relation to dwellings]—

• F110[(I) of a similar size (determined by reference to floor area), number of bedrooms, type, character, and (where applicable) BER, to the dwelling the subject of the tenancy, and]

• (II) situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated,

• (d) specify, for the purposes of F111[paragraph (c)], and without prejudice to the generality of that paragraph, the F112[rent information contained in the published register and the number assigned under section 135(3) in respect of the most recent tenancy of each of 3 dwellings]—

• F112[(i) of a similar size (determined by reference to floor area), number of bedrooms, type, character, and (where applicable) BER, to the dwelling the subject of the tenancy,]

• (ii) situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated,

• F113[(da) specify the floor area of the dwelling the subject of the tenancy,

• (db) where the dwelling the subject of the tenancy is a building to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply, specify the BER in respect of that dwelling,]

F114[…]

• (e) include the date on which the notice is F111[signed, F115[…]]

• F116[(f) F117[…] state how the rent set under the tenancy was calculated having regard to section 19(4) or, where section 19(4) does not apply, state why it does F118[not apply, and]]

• F119[(g) F117[…] state how any increase in the rent last set under the tenancy of the dwelling was calculated or, where F120[section 19(4)] does not apply, state why it does not apply.]

• (2B) The notice referred to in subsection (2) shall be signed by the landlord or his or her authorised agent.

• (2C) F121[…]]

• (3) Where that condition is satisfied, a dispute in relation to a rent falling within subsection (1) must be referred to the Board under Part 6 before—

• (a) the date stated in the notice under subsection (2) as the date from which that rent is to have effect, or

• (b) the expiry of 28 days from the receipt by the tenant of that notice,

whichever is the later.

• F108[(4) Where it appears to the Board that a landlord has set a rent pursuant to a review of the rent under a tenancy of a dwelling other than in accordance with the condition specified in subsection (2), the Board may serve the notice referred to in subsection (5).]

• F122[(5) The notice shall—

• (a) inform the landlord of the Board’s opinion, and

• (b) request the landlord to, within the period specified in the notice—

• (i) serve a copy of the notice referred to in subsection (2) on the Board, or

• (ii) furnish to the Board the reasons why the landlord considers (if such be the case) that the opinion is not well founded.

• (6) If the landlord, within the period specified in the notice—

• (a) does not serve a copy of the notice referred to in subsection (2) on the Board, or

• (b) does not furnish the reasons to the Board or furnishes reasons which do not result in the Board altering its opinion,

the Board shall serve a further notice on the landlord stating that the landlord is required to serve a copy of the notice referred to in subsection (2) on the Board, that the Board’s opinion has not altered and that, if the landlord fails to do so within 14 days from the receipt by the landlord of the notice, the landlord shall be guilty of an offence.

• (7) A landlord who fails to comply with a notice under subsection (6) within 14 days from the receipt by the landlord of the notice shall be guilty of an offence.]

22A. F123[Notification of change in amount of rent following review under section 20A

22A.—Where, following a review of rent under section 20A, there is a change in the amount of rent, the landlord shall notify the tenant of the amount of rent set following that review in accordance with the tenancy agreement or where there is no such provision in the tenancy agreement, as soon as practicable.]

22B. F124[Provision in aid of enforcement of requirements relating to setting of rent

22B.—(1) Where the Board has reasonable grounds for believing that a person has committed a relevant offence, it may serve a notice in writing (in this section referred to as a "fixed payment notice") in the prescribed form stating that—

• (a) the person is alleged to have committed the relevant offence concerned (in this section referred to as the "alleged offence"),

• (b) the person may, during the period of 28 days beginning on the date of the fixed payment notice, make to the Board a payment of €200 or such greater amount not exceeding €1,000 as may be prescribed, identifying the notice to which the payment relates,

• (c) the person is not obliged to make the payment specified in the notice,

• (d) a prosecution of the person in respect of the alleged offence will not be instituted during the period of 28 days beginning on the date of the notice, and

• (e) if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

• (2) Where a fixed payment notice is served—

• (a) the person to whom it applies may make a payment in accordance with subsection (1)(b),

• (b) the Board shall, upon receipt of the payment, issue a receipt for it,

• (c) any payment received by the Board shall not be recoverable by the person who made it, and

• (d) a prosecution in respect of the alleged offence shall not be instituted during the period specified in subsection (1)(b) and, if payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

• (3) In proceedings for an alleged offence, it shall be a defence for the defendant to prove that the defendant has made a payment in accordance with subsection (1)(b) pursuant to a fixed payment notice served in respect of the alleged offence.

• (4) The Minister may prescribe different amounts for different offences for the purposes of subsection (1).

• (5) Payments received by the Board under this section shall be paid into or disposed of for the benefit of the Exchequer.

• (6) In this section, "relevant offence" means an offence under section 19(6G) or 22(7).]

23. Proceedings for rent arrears.

23.—Every person entitled to any rent in arrears or to be paid other charges under a tenancy of a dwelling (whether in his or her own right or as personal representative of a deceased landlord) shall be entitled to recover, under Part 6, such arrears or charges from the person who occupied the dwelling as a tenant in the period in which the arrears accrued or the charges arose or, as may be appropriate, from the person's personal representative.

24. “Market rent”, references to rent reviews, etc.

24.—(1) In this Part “market rent”, in relation to the tenancy of a dwelling, means the rent which a willing tenant not already in occupation would give and a willing landlord would take for the dwelling, in each case on the basis of vacant possession being given, and having regard to—

• (a) the other terms of the tenancy, and

• F125[(b) rent information contained in the published register in relation to dwellings of a similar size (determined by reference to floor area), number of bedrooms, type, character, and (where applicable) BER, to the dwelling and situated in a comparable area to that in which it is situated.]

• (2) References in this Part to a review of a rent include references to—

• (a) any procedure (however it is described) for determining whether, and to what extent, a reduction or increase in the amount of the rent for the time being payable under the tenancy concerned ought to have effect, and

• (b) the effect of the operation of a provision of a lease or tenancy agreement providing that, by reference to any formula, happening of any event or other matter whatsoever (and whether any act, decision or exercise of discretion on the part of any person is involved or not), such a reduction or increase shall have effect,

and, in the case of a provision of the kind referred to in paragraph (b), any prohibition under this Part on a review of rent occurring is to be read as a prohibition on the provision operating to have the foregoing effect.

• (3) References in this Part to the setting of a rent are references to the oral agreeing of the rent or to its being provided for in a lease or tenancy agreement or, in the context of a review of rent—

• (a) the oral agreeing of the rent,

• (b) the oral or written notification of the rent, or

• (c) in the case of a provision of the kind referred to in subsection (2)(b), the rent being set by virtue of the operation of that provision.

24A. F126[Rent pressure zones

24A.—F127[…]]

24B. F128[Areas deemed to be rent pressure zones

24B.—F129[…]]

24BA. F130[Relevant area within meaning of Local Government Act 2019 deemed to be rent pressure zone

24BA.—F131[…]]

24C. F132[Application of section 20 (frequency with which rent reviews may occur) to rent pressure zones

24C.—F133[…]]

PART 4 Security of Tenure

Chapter 1 Preliminary

25. Non-application of Part.

25.—(1) This Part does not apply to a tenancy of a dwelling where the conditions specified in subsection (2) are satisfied if the landlord of the dwelling opts, in accordance with subsection (3), for this Part not to apply to it.

• (2) Those conditions are—

• (a) the dwelling concerned is one of 2 dwellings within a building,

• (b) that building, as originally constructed, comprised a single dwelling, and

• (c) the landlord resides in the other dwelling.

• (3) A landlord’s opting as mentioned in subsection (1) shall be signified in writing in a notice served by him or her on the tenant before the commencement of the tenancy.

• (4) This Part does not apply to a tenancy of a dwelling—

• (a) if the landlord of the dwelling is entitled, in relation to expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the dwelling, to a deduction of the kind referred to in section 380B(2), 380C(4) or 380D(2) (inserted by the Finance Act 1999) of the Taxes Consolidation Act 1997, or

• (b) if the entitlement of the tenant to occupy the dwelling is connected with his or her continuance in any office, appointment or employment.

• F134[(5) This Part does not apply to a tenancy of the dwelling referred to in section 3(4) where—

• (a) the dwelling concerned is designated by the approved housing body for the use by it as a transitional dwelling, and

• (b) the consent of the public authority which—

• (i) is, in the case of a dwelling referred to in paragraph (a) of section 3(4), a party to the lease or contract referred to in section 3(2A), or

• (ii) provides, in the case of a dwelling referred to in paragraph (b) of section 3(4), the assistance referred to in that paragraph,

has, in respect of the designation referred to in paragraph (a), been obtained by the approved housing body before it makes the designation.

• (6) In subsection (5) "transitional dwelling" means a dwelling that an approved housing body leases for periods not exceeding 18 months for the purposes of the approved housing body concerned.

• (7) Where, before the coming into operation of section 3 of the Residential Tenancies (Amendment) Act 2015, an approved housing body had not, for the purposes of subsection (5), made a designation in respect of a dwelling referred to in paragraph (a) or (b) of section 3(4) that it leases to a household referred to in subsection (2A) or (4)(b) of section 3 for a period not exceeding 18 months, the approved housing body concerned—

• (a) may designate that dwelling to be a transitional dwelling for the purposes of subsection (5) at any time during the period of 12 months commencing on the day on which section 3 of the Residential Tenancies (Amendment) Act 2015 comes into operation, and

• (b) shall notify the Minister of that designation not later than 3 months after it is made.]

26. Greater security of tenure not affected.

26.—Nothing in this Part operates to derogate from any rights the tenant enjoys for the time being (by reason of the tenancy concerned) that are more beneficial for the tenant than those created by this Part.

Chapter 2 Statement of essential protection enjoyed by tenants

27. 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 F135[or, in the case of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), shall be construed in accordance with section 3B(a) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015)].

28. Statutory protection — “Part 4 tenancy” — after 6 months occupation.

28.—F136[(1) Where a person has been in occupation of a dwelling under a tenancy for a continuous period of 6 months and the condition specified in subsection (3) is satisfied, that tenancy shall, subject to Chapter 3, continue in existence for a period of unlimited duration from the date on which the first-mentioned period expires.]

• (2) F137[…]

• (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.

29. “Part 4 tenancy”— meaning of that expression.

F138[29. For the purposes of this Act, each of the following is a Part 4 tenancy:

• (a) a tenancy that continues in existence by virtue of subsection (1) (inserted by subsection (1) of section 5 of the Residential Tenancies (Amendment) Act 2021) of section 28;

• (b) a tenancy that continues in existence in accordance with subsection (3) of section 5 of the Residential Tenancies (Amendment) Act 2021;

• (c) a new tenancy referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021.]

30. Terms of Part 4 tenancy.

30.—F139[(1) Subject to subsections (2) and (3), the terms of a Part 4 tenancy shall—

• (a) in the case of a tenancy that continues in existence by virtue of subsection (1) (inserted by subsection (1) of section 5 of the Residential Tenancies (Amendment) Act 2021) of section 28, be those of the tenancy of which it is a continuation,

• (b) in the case of a tenancy that continues in existence in accordance with subsection (3) of section 5 of the Residential Tenancies (Amendment) Act 2021, be those of the tenancy of which it is a continuation, and

• (c) in the case of a new tenancy of a dwelling referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021, be those of the tenancy of that dwelling immediately preceding the new tenancy.]

• (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.

31. 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.

32. Further special case (sub-letting of Part 4 tenancy).

32.—(1) F140[Schedule 1] 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.

Chapter 3 Termination of Part 4 tenancy

33. Restriction on termination by landlord.

33.—A Part 4 tenancy may not be terminated by the landlord save in accordance with section 34.

33A. Additional requirements relating to termination by landlord

F141[33A.—Without prejudice to section 33, in addition to the grounds for termination by a landlord under section 34, in accordance with section 57(b), Part 5 shall apply in relation to the termination of a Part 4 tenancy by a landlord.]

34. Grounds for termination by landlord.

34.—F142[Subject to sections 35A and 35B, a Part 4 tenancy] may be terminated by the landlord—

• (a) on one or more of the grounds specified in the Table to this section if—

• (i) a notice of termination giving the required period of notice is served by the landlord in respect of the tenancy, F143[…]

• F144[(ii) the notice of termination cites as the reason for the termination the ground or grounds concerned and contains or is accompanied—

• (I) in the case of F142[paragraph 2] of that Table, by the statement referred to in that F142[paragraph,]

• (II) in the case of paragraph 3 or 4 of that Table, by the statutory declaration referred to in that F142[paragraph, and]

• F145[(III) in the case of paragraph 5 or 6 of that Table, by the statement and the statutory declaration referred to in that paragraph,]

and]

• F146[(iii) in the case of a notice of termination that cites as the reason for the termination the ground specified in paragraph 5, the notice of termination contains or is accompanied by a certificate in writing of a F147[registered construction professional (within the meaning of the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022)] stating that—

• (I) the proposed refurbishment or renovation works would pose a risk to the health or safety of the occupants of the dwelling concerned and should not proceed while the dwelling is occupied, and

• (II) such a risk is likely to exist for such period as is specified in the certificate which shall not be less than 3 weeks,]

• (b) F148[…]

TABLE

Grounds for termination

1. The tenant has failed to comply with any of his or her obligations F149[(other than the obligation to which paragraph (a) of section 16 applies)] in relation to the tenancy (whether arising under this Act or otherwise) and, unless the failure provides an excepted basis for termination— (a) the tenant has been notified F150[in writing] of the failure by the landlord and that notification states that the landlord is entitled to terminate the tenancy if the failure is not remedied within a reasonable time specified in that notification, and (b) the tenant does not remedy the failure within that specified time. F151[1A. The tenant has failed to comply with paragraph (a) of section 16 in relation to the tenancy concerned and the condition specified in subsection (3) (inserted by paragraph (b) of section 12 of the Residential Tenancies and Valuation Act 2020) of section 67 has been satisfied.] 2. The dwelling is no longer suitable to the accommodation needs of the tenant and of any persons residing with him or her having regard to the number of bed spaces contained in the dwelling and the size and composition of the occupying household F150[and the notice of termination is accompanied by a statement referred to in section 35]. 3. The landlord intends, within F152[9 months] after the termination of the tenancy under this section, to enter into an enforceable agreement for the transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling F150[and the notice of termination is accompanied by a statutory declaration referred to in section 35]. 4. The landlord requires the dwelling or the property containing the dwelling for his or her own occupation or for occupation by a member of his or her family and the notice of termination (the “notice”) contains or is accompanied F153[by a statutory declaration]— (a) specifying— (i) the intended occupant’s identity and (if not the landlord) his or her relationship to the landlord, and (ii) the expected duration of that occupation, F154[…] (b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if F155[…] the following conditions are satisfied— (i) the dwelling is vacated by the person referred to in subparagraph (a) within the period of F152[12 months] from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, and (ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, F156[1A,] 2, 3 or 6 F157[of this Table, and] F158[(c) where the notice of termination is served by the landlord in respect of a relevant Part 4 tenancy (within the meaning of section 35B), specifying whether the termination date specified in the notice of termination falls before, on or after the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy, and that on the date that the notice of termination is served— (i) the landlord is not a company, and (ii) the landlord is a landlord under not more than 3 tenancies of dwellings.] 5. The landlord intends to substantially refurbish or renovate the dwelling or the property containing the dwelling in a way which requires the dwelling to be vacated for that purpose (and, where planning permission is required for the carrying out of that refurbishment or renovation, that permission has been obtained) and the notice of termination (the “notice”) contains or is accompanied, in writing, F159[by a statutory declaration referred to in section 35(10A) and a statement]— (a) specifying the nature of the F153[intended works, ] F150[(aa) that, in a case where planning permission has been obtained, a copy of the planning permission is attached to the notice or statement, (ab) that planning permission is not required and he or she has complied with the requirements of section 35(9)(b), and] (b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if F155[…] the following conditions are satisfied— F152[(i) the dwelling becomes available for reletting by reason of the completion of the works of refurbishment or renovation, and] (ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, F156[1A,] 2, 3 or 6 of this Table. 6. The landlord intends to change the use of the dwelling or the property containing the dwelling to some other use (and, where planning permission is required for that change of use, that permission has been obtained) and the notice of termination (the “notice”) contains or is accompanied, in writing, F159[by a statutory declaration referred to in section 35(10A) and a statement]— (a) specifying the nature of the F153[intended use,] F150[(aa) that, in a case where planning permission has been obtained, a copy of the planning permission is attached to the notice or statement, (ab) as to whether any works are to be carried out in respect of the change of use and where such works are required to be carried out, specifying— (i) details of those works, (ii) the name of the contractor, if any, employed to carry out such works, and (iii) the dates on which the intended works are to be carried out and the proposed duration of the period in which those works are to be carried out, and] (b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if F155[…] the following conditions are satisfied— (i) the dwelling becomes available for reletting within the period of F152[12 months] from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, and (ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, F156[1A,] 2 or 3 of this Table.

35. Table to section 34: interpretation and supplemental.

35.—(1) In this section the “Table” means the Table to section 34.

• (2) In paragraph 1 of the Table “remedy the failure” means—

• (a) in the case of a failure that does not result in financial loss or damage to the landlord or his or her property, to desist from the conduct that constitutes the failure or, if the failure consists of an omission to comply with an obligation, comply with that obligation, and

• (b) in the case of a failure that does result in financial loss or damage to the landlord or his or her property—

• (i) to pay adequate compensation to the landlord F160[…] or repair the damage fully, and

• (ii) unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be.

• (3) In paragraph 1 of the Table the reference to a failure that provides an excepted basis for termination is a reference to a failure to comply with section 16(h) where the behaviour in question falls within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17(1).

• F161[(4) In paragraph 4 of the Table the reference to a member of the landlord’s family is a reference to—

• (a) subject to paragraph (b), any spouse, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, child, stepchild, foster child, grandchild, parent, grandparent, step parent, parent-in-law, brother, sister, nephew or niece of the landlord or a person adopted by the landlord under the Adoption Acts 2010 to 2015, or

• (b) where the notice of termination is served in respect of a relevant Part 4 tenancy (within the meaning of section 35B) and the termination date specified in the notice of termination falls before the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy, any spouse, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, child, stepchild, foster child, parent, step parent, parent-in-law of the landlord or a person adopted by the landlord under the Adoption Acts 2010 to 2015.]

• (5) F162[…]

• (6) If an offer such as is referred to in F163[paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table,] is accepted (within such reasonable period F164[not exceeding 7 days] as shall be specified for that purpose in the offer) by the former tenant concerned (the “accepter”)—

• (a) the resulting agreement is enforceable by the accepter (as well as by the offeror), and

• (b) occupation by the accepter under the tenancy created in favour of him or her on foot of that agreement shall, together with his or her occupation under the former tenancy, be regarded, for the purposes of this Act, as continuous occupation by the accepter under the one tenancy.

• F164[(6A) If an offer such as is referred to in paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table, is not accepted (within such reasonable period not exceeding 7 days as shall be specified for that purpose in the offer) by the former tenant concerned, there is no tenancy agreement and the former tenant is not entitled to occupy the dwelling.]

• F165[(7) The statement to accompany a notice of termination in respect of a termination referred to in paragraph 2 of the Table shall specify—

• (a) the bed spaces in the dwelling, and

• (b) the grounds on which the dwelling is no longer suitable having regard to the bed spaces referred to in paragraph (a) and the size and composition of the occupying household.

• F166[(8) The statutory declaration that is to accompany a notice of termination in respect of a termination referred to in paragraph 3 of the Table shall include—

• (a) a declaration that the landlord intends to enter into an enforceable agreement to transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling, F167[…]

• F168[(aa) a declaration that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the following conditions are satisfied:

• (i) F162[…]

• (ii) the landlord does not enter into an enforceable agreement of the type referred to in paragraph 3 of the Table within the period specified in that paragraph commencing—

• (I) on the expiration of the period of notice required to be given under subparagraph (i) of paragraph (a) of section 34, or

• (II) in circumstances where a dispute in relation to the validity of the notice is referred to the Board under Part 6 for resolution, on the final determination of that dispute;

and

• (iii) the tenancy to which the notice relates has not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, F164[1A,] 2 or 6 of the Table,]

• (b) where section 35A(3)(a) applies, a declaration that section 35A(2) does not apply to the said notice of termination as the price to be obtained by selling at market value the dwelling that is the subject of an existing tenancy to which Part 4 applies is more than 20 per cent below the market value that could be obtained for the dwelling with vacant possession, and that the application of that subsection would, having regard to all the circumstances of that case be unduly onerous on, or would cause undue hardship on, F169[that landlord, and]]

• F170[(c) where the notice of termination is served by the landlord in respect of a relevant Part 4 tenancy (within the meaning of section 35B), a declaration that—

• (i) on the date that the notice of termination is served, the landlord—

• (I) is not a company, and

• (II) is a landlord under not more than 3 tenancies of dwellings,

• (ii) where section 35B(5) does not apply, that the circumstances specified in one or more of paragraphs (a) to (c) of section 35B(4) apply and that the application of section 35B(3)(a) would, having regard to all the circumstances of the case, cause undue financial or other hardship on the landlord, and

• (iii) where section 35B(5) applies, that the termination date specified in the notice of termination falls on or after the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy.]

• (9) A notice of termination in respect of a termination made on the ground specified in paragraph 5 of the Table, or the statement referred to in that paragraph shall—

• (a) for the purposes of the statement referred to in subparagraph (aa) of paragraph 5 of the Table, be accompanied by a copy of the planning permission required for the carrying out of the refurbishment or renovation of the dwelling concerned, and

• (b) specify, where planning permission is not required—

• (i) the name of the contractor, if any, employed to carry out the intended works, and

• (ii) the dates on which the intended works are to be carried out and the proposed duration of the period in which those works are to be carried out.

• (10) A notice of termination in respect of a termination made on the ground specified in paragraph 6 of the Table, or the statement referred to in that paragraph shall, for the purposes of the statement referred to in subparagraph (aa) of paragraph 6 of the Table, be accompanied by a copy of the planning permission required for the carrying out of the change of use of the dwelling concerned.]

• F170[(10A) Where a notice of termination is served by the landlord in respect of a termination of a relevant Part 4 tenancy (within the meaning of section 35B) on the ground specified in paragraph 5 or 6 of the Table, the statutory declaration that is to accompany the notice shall specify that—

• (a) on the date that the notice of termination is served—

• (i) the landlord is not a company, and

• (ii) the landlord is a landlord under not more than 3 tenancies of dwellings, and

• (b) the termination date specified in the notice of termination falls on or after the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy.]

• (11) F171[…]

• F172[(12) Upon receipt of a copy of a notice of termination under F173[section 62(1A)], for the purpose of facilitating the making of an offer referred to in paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table, the Board shall—

• (a) invite the tenant concerned, to confirm or provide, as appropriate, his or her contact details in writing to the Board, and

• (b) request the consent of the tenant to the provision of his or her contact details by the Board to the landlord upon request.

• (13) Where a landlord is required to make an offer referred to in paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table, but cannot contact the tenant concerned despite having made reasonable inquiry to ascertain the tenant’s current contact details, he or she shall, for the purpose of making that offer, make a request in writing to the Board seeking the contact details of the tenant.

• (14) Where a landlord makes a request under subsection (13), the Board shall—

• (a) where the tenant concerned has provided his or her contact details and consent under subsection (12) or pursuant to a notice under paragraph (b), provide the contact details of the tenant to the landlord as soon as practicable on or after the date of the request, or

• (b) where the tenant concerned has not provided his or her contact details or consent under subsection (12), as soon as practicable on or after the date of the request, notify the tenant that—

• (i) a request under subsection (13) has been received, and

• (ii) unless the tenant provides his or her contact details and consent under subsection (12) to the Board within a period of 7 days after the date of the notice, the landlord shall not be required to make an offer under paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table.

• (15) Where the contact details of a tenant cannot be ascertained by reasonable inquiry by a landlord or by the Board under subsection (12) or (14), the landlord shall not be required to make an offer under paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table.]

35A. Restriction on termination of certain tenancies by landlords

F174[35A.—(1) In this section—

"development" means a development consisting of land upon which there stands erected a building or buildings comprising a unit or units where, as respects such unit or units, it is intended that amenities, facilities and services are to be shared;

"relevant period of time" means any period of 6 months within the period—

• (a) beginning with the offering for sale in the development concerned of the first dwelling the subject of a tenancy, and

• (b) ending with the offering for sale in that development of the last dwelling the subject of a tenancy.

• (2) Except where subsection (3) or (4) applies, a Part 4 tenancy shall not be terminated by the landlord on the ground specified in paragraph 3 of the Table to section 34 where the landlord intends to enter into an enforceable agreement—

• (a) in respect of dwellings situated within the development concerned,

• (b) for the transfer to another, for full consideration, of the whole of his or her interest in 10 or more of those dwellings, each being the subject of such a tenancy, and

• (c) to so transfer during a relevant period of time.

• (3)
• (a) Subsection (2) does not apply where the landlord can show to the satisfaction of the Board—

• (i) that the price to be obtained by selling at market value the dwelling that is the subject of an existing tenancy to which Part 4 applies is more than 20 per cent below the market value that could be obtained for the dwelling with vacant possession, and

• (ii) that the application of that subsection would, having regard to all the circumstances of that case—

• (I) be unduly onerous on that landlord, or

• (II) would cause undue hardship on that landlord.

• (b) In paragraph (a)(i), the reference to the market value of the dwelling is a reference to the estimated amount that would be paid by a willing buyer to a willing seller in an arm’s-length transaction after proper marketing (where appropriate) where both parties act knowledgeably, prudently and without compulsion.

• (4) Where, before the commencement of section 40 of the Planning and Development (Housing) and Residential Tenancies Act 2016, a notice under section 34 of this Act has been served on a tenant specifying as one of the grounds for termination the ground in paragraph 3 of the Table to section 34, then that section shall continue to apply to that notice as if the said section 40 had not been enacted.

• (5) Subject to subsection (4), this section applies to all tenancies, including a tenancy created before the coming into operation of this section.]

35B. F175[Further restriction on termination of certain tenancies by certain landlords

35B.—(1) In this section—

"civil partner" has the same meaning as it has in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

"relevant Part 4 tenancy" means a tenancy, referred to in paragraph (a) of section 29, that commences on or after 1 March 2026;

"tenancy of minimum duration" means a continuous period of 6 years under a relevant Part 4 tenancy—

• (a) from the commencement of the relevant Part 4 tenancy, or

• (b) from each sixth anniversary of that commencement.

• (2) A relevant Part 4 tenancy shall not be terminated by the landlord on the ground specified in paragraph 3, 4, 5 or 6 of the Table to section 34 where the landlord is a company or a landlord under more than 3 tenancies of dwellings.

• (3) Subject to subsections (4) and (5), a relevant Part 4 tenancy shall not be terminated by a landlord to whom subsection (2) does not apply—

• (a) on the ground specified in paragraph 3 of the Table to section 34, or

• (b) on the ground specified in paragraph 5 or 6 of the Table to section 34.

• (4) Subsection (3)(a) does not apply where the landlord can show to the satisfaction of the Board that—

• (a) the landlord requires the consideration arising from the transfer referred to in paragraph 3 of the Table to section 34 to provide a principal private residence (within the meaning of section 473B of the Taxes Consolidation Act 1997) for the landlord or the spouse or civil partner of the landlord,

• (b) the consideration arising from the transfer referred to in paragraph 3 of the Table to section 34 is required to enable the landlord, or the spouse or civil partner of the landlord, to discharge a debt, or make a payment to the Revenue Commissioners, of at least 15 per cent of the expected consideration arising from that transfer, which debt or payment, as the case may be, is legally required to be discharged or paid within 9 months after the termination date specified in the notice of termination, or

• (c) the landlord or the spouse or civil partner of the landlord—

• (i) is a debtor who has appointed a personal insolvency practitioner under section 49 (3) of the Personal Insolvency Act 2012,

• (ii) is adjudicated bankrupt or is subject to proceedings for a declaration of bankruptcy or becomes an arranging debtor, or

• (iii) makes a composition or arrangement with creditors, and the application of subsection (3)(a) would, having regard to all the circumstances of the case, cause undue financial or other hardship on the landlord.

• (5) A relevant Part 4 tenancy may be terminated by a landlord to whom subsection (2) does not apply on the grounds specified in paragraph 3, 5 or 6 of the Table to section 34 if, in addition to any other requirement under section 34 or 35, a notice of termination (giving the required period of notice) is served by the landlord before the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy and that period of notice expires on or after the expiry of the tenancy of minimum duration.]

36. Termination by tenant.

36.—(1) A tenant may terminate a Part 4 tenancy by serving on the landlord in respect of the tenancy a notice of termination giving the required period of notice.

• (2) This section is without prejudice to Chapter 6.

37. Deemed termination by tenant.

37.—(1) Subject to subsection (3), a Part 4 tenancy shall be deemed to have been terminated by the tenant on his or her vacating the dwelling if—

• (a) before or on or about that vacating, he or she serves a notice of termination in respect of the tenancy that does not give the required period of notice, and

• (b) before or on that vacating the rent has fallen into arrears.

• (2) Subject to subsection (3), a Part 4 tenancy shall also be deemed to have been terminated by the tenant upon any rent owed by him or her being in arrears for a period of 28 days or more if—

• (a) whether before or after the end of that period, the tenant has vacated the dwelling, and

• (b) no notice of termination has been served by the tenant in respect of the tenancy.

• (3) Subsections (1) and (2) do not apply if the Part 4 tenancy has been sub-let or assigned.

• (4) Nothing in the preceding subsections affects the liability of the tenant for rent for the period that would have elapsed had a notice of termination giving the required period of notice been served by him or her.

• (5) This section is subject to Chapter 6.

38. Effect of assignment of Part 4 tenancy.

38.—(1) If a Part 4 tenancy is assigned by the tenant with the consent of the landlord then if the assignment is—

• (a) to a person, other than a sub-tenant of the dwelling concerned, the assignment shall operate to convert the Part 4 tenancy of the dwelling into a periodic tenancy of the dwelling and the protection provided by section 28 for the assignor shall accordingly cease (but without prejudice to that section's fresh application in relation to the assignee should the circumstances mentioned in that section occur),

• (b) to a sub-tenant of the dwelling concerned, the protection provided by section 28 for the assignor shall cease (but without prejudice to the Part 4 tenancy's continued subsistence as provided for in subsection (2)).

• (2) If the assignment is to a sub-tenant of the dwelling concerned, the Part 4 tenancy shall continue in being (but in favour of that person and not the assignor) for the period that it would have continued in being had the assignment not been made and subject to the provisions of this Chapter; accordingly—

• (a) the assignee shall become the tenant of the landlord under the Part 4 tenancy,

• (b) the terms of the Part 4 tenancy shall continue to be those under which the assignor held the tenancy immediately before the assignment unless the assignee and the landlord agree to a variation of them, and

• (c) the assignee's sub-tenancy of the dwelling shall merge with the Part 4 tenancy.

• (3) Subsection (2)(c) does not affect the liabilities (if any) of the assignee to the assignor (or of the assignor to the assignee) that have arisen by virtue of the sub-tenancy concerned.

• (4) The assignment of a Part 4 tenancy with respect to only part of the dwelling, the subject of the tenancy, is prohibited.

• (5) Any such assignment purported to be made is void.

39. Termination on tenant’s death.

39.—(1) Subject to subsections (2) F177[, (4) and (6)], a Part 4 tenancy shall terminate on the death of the tenant.

• (2) Where the 2 conditions specified in subsection (3) are satisfied—

• (a) subsection (1) does not apply, and

• (b) the Part 4 tenancy concerned, accordingly, continues in being, subject to the other provisions of this Chapter, for the period for which it would otherwise have continued in being had the tenant concerned not died.

• (3) Those conditions are—

• (a) the dwelling, at the time of the death of the tenant concerned, was occupied by—

• (i) a spouse F178[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] of the tenant,

• (ii) a person who was not a spouse of the tenant but who F179[was the tenant’s cohabitant within the meaning of section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and lived with the tenant] in the dwelling for a period of at least 6 months ending on the date of the tenant’s death,

• (iii) a child, stepchild or foster child of the tenant, or a person adopted by the tenant under the Adoption Acts 1952 to 1998, being in each case aged 18 years or more, or

• (iv) a parent of the tenant,

and

• (b) one or more than one of the foregoing persons elects in writing to become a tenant or tenants of the dwelling.

• (4) This section is subject to Chapter 6; without limiting the generality of this subsection, subsections (2) and (3) are not to be read as derogating from the operation of Chapter 6 in circumstances where a person referred to in subsection (3) is a multiple tenant (within the meaning of that Chapter) of the dwelling concerned.

• (5) Irrespective of the number of instances of the application to the same dwelling of subsection (2) (by reason of a series of deaths of tenants), the Part 4 tenancy concerned shall not continue in being any longer than it would otherwise have continued in being had the first of those deaths not occurred.

• F180[(6) In respect of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), a person to whom subsection (3)(a) applies shall not elect, under subsection (3)(b), to become a tenant, or tenants, of such dwelling unless—

• (a) in the case of a dwelling referred to in section 3(4)(a), he or she is a member of a household referred to in section 3(4)(a), or

• (b) in the case of a dwelling referred to in section 3(4)(b), he or she is a member of a household referred to in section 3(4)(b).]

39A. F181[Referral of notice of termination to adjudicator under Act of 2004

39A.—(1) F182[…]

• (2) F182[…]

• (3) F183[…]

• (4) F183[…]]

Chapter 4 Additional statutory right — further Part 4 tenancy

40. Interpretation (Chapter 4).

40.— F184[…]

41. Further Part 4 tenancy on expiry of 4 year period.

41.—F185[…]

42. Termination of additional rights.

42.—F186[…]

Chapter 5 Successive further Part 4 tenancies may arise

43. Purposes of Chapter.

43.—F187[…]

44. Construction of certain references.

44.—F188[…]

45. Further Part 4 tenancy to arise on expiry of previous tenancy.

45.—F189[…]

46. Terms of a further Part 4 tenancy.

46.—F190[…]

47. Application of Chapter 3 and section 42 to every further Part 4 tenancy.

47.—F191[…]

Chapter 6 Rules governing operation of Part in cases of multiple occupants

48. 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.

49. 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.

50. 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 F192[may, F193[subject to section 3B(d) and subsection (7A)], request] the landlord of the dwelling to allow him or her to become a tenant of the dwelling.

• F194[(7A) Subsection (7) shall not apply where the person in lawful occupation of the dwelling concerned is a temporary protection beneficiary within the meaning of Part 2 of the Civil Law (Miscellaneous Provisions) Act 2022.]

• (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),