10th November, 2020
The recent changes to legislation (Residential Tenancies Act 2020) do not restrict you from serving a Notice of Termination during the Level 5 Restrictions/emergency period. There may be a revised date on the termination but you will serve it as normal giving the required notice period.
Additional time may be given in accordance with the Residential Tenancies Act 2020, this will be added to the notice after it is served.
Acquiring A Part 4 Right
If you planned to serve a Notice of Termination in the first six months of a tenancy to prevent a tenancy from acquiring a Part 4 right, it must be served in the first six months. You can serve the notice during this emergency – if you do not and six months elapse from the commencement of the tenancy you will no longer have an entitlement to serve it. The tenancy is not paused the same way as it was in the previous emergency legislation.
Preventing A Further Part 4
To prevent a Further Part 4 Tenancy from being created you must serve a valid Notice of Termination before the end of the current Part 4 tenancy. The tenancy is not paused the same way as it was in the previous emergency legislation. Additional time may be given due to the Residential Tenancies Act 2020, this will be added to the notice after it is served.
For tenancies that began after the 24th of December 2016, after the first 6 month probationary period of the tenancy, the tenant secures the right to remain in the property for a further five and a half years and the tenancy is referred to as a ‘Part 4 tenancy.’
A ‘further Part 4 tenancy’ begins automatically once the initial ‘Part 4 tenancy’ has finished and a valid Notice of Termination has not been served . From the 24th December 2016, when a ‘further Part 4 tenancy’ commences, it lasts for 6 years for all tenancies
The RTB have produced a guide to the Residential Tenancies Act 2020 which can be accessed here