Residential Tenancies Act 2004

Residential Tenancies Act 2004 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2004 Residential Tenancies Act 2004 Residential Tenancies Act 2004 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 27 of 2004 RESIDENTIAL TENANCIES ACT 2004 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title. 2. Commencement. 3. Application of Act. 4. Interpretation generally. 5. “relevant date”, “landlord”, “tenant”, “lease”, etc. 6. Service of notices. 7. Service or giving of notice on behalf of another. 8. Regulations and orders. 9. Offences. 10. Repeal and revocation. 11. Expenses. PART 2 Tenancy Obligations of Landlords and Tenants Chapter 1 Provisions regarding landlord's obligations 12. Obligations of landlords. 13. Section 12(1)(b): supplemental regulations. 14. Prohibition on penalisation of tenants. 15. Duty owed to certain third parties to enforce tenant's obligations. Chapter 2 Provisions regarding tenant's obligations 16. Obligations of tenants. 17. Section 16: interpretation and supplemental. 18. No contracting out from terms of section 12 or 16 permitted, etc. PART 3 Rent and Rent Reviews 19. Setting of rent above market rent prohibited. 20. Frequency with which rent reviews may occur. 21. Right to review of rent where none provided. 22. Tenant to be notified of new rent. 23. Proceedings for rent arrears. 24. “Market rent”, references to rent reviews, etc. PART 4 Security of Tenure Chapter 1 Preliminary 25. Non-application of Part. 26. Greater security of tenure not affected. Chapter 2 Statement of essential protection enjoyed by tenants 27. Periods of occupancy before relevant date to be disregarded. 28. Statutory protection — “Part 4 tenancy” — after 6 months occupation. 29. “Part 4 tenancy” — meaning of that expression. 30. Terms of Part 4 tenancy. 31. Section 28 and 30: special cases. 32. Further special case (sub-letting of Part 4 tenancy). Chapter 3 Termination of Part 4 tenancy 33. Restriction on termination by landlord. 34. Grounds for termination by landlord. 35. Table to section 34: interpretation and supplemental. 36. Termination by tenant. 37. Deemed termination by tenant. 38. Effect of assignment of Part 4 tenancy. 39. Termination on tenant's death. Chapter 4 Additional statutory right — further Part 4 tenancy 40. Interpretation (Chapter 4). 41. Further Part 4 tenancy on expiry of 4 year period. 42. Termination of additional rights. Chapter 5 Successive further Part 4 tenancies may arise 43. Purposes of Chapter. 44. Construction of certain references. 45. Further Part 4 tenancy to arise on expiry of previous tenancy. 46. Terms of a further Part 4 tenancy. 47. Application of Chapter 3 and section 42 to every further Part 4 tenancy. Chapter 6 Rules governing operation of Part in cases of multiple occupants 48. Interpretation (Chapter 6). 49. General principle in relation to dwellings occupied by more 50. Entitlement of multiple occupant to benefit from Part 4 tenancy. 51. Act of one of multiple tenants cannot prejudice the other's or others' rights. 52. Immaterial that tenant whose occupation gave rise to Part 4 tenancy quits or dies. 53. No separate Part 4 tenancy to arise in multiple tenant's favour. Chapter 7 Miscellaneous 54. No contracting out from terms of Part permitted. 55. Protection under this Part and long occupation equity. 56. Damages for abuse of section 34 termination procedure. PART 5 Tenancy Terminations — Notice Periods and other Procedural Requirements Chapter 1 Scope of Part and interpretation provisions 57. Purpose of Part. 58. Termination of tenancies restricted to means provided by this Part. 59. Exclusion of existing rules and enactments. 60. Greater notice periods not affected. 61. Construction of certain references to periods of notice and duration of tenancies. Chapter 2 What a valid notice of termination must contain 62. Requirements for a valid notice of termination. 63. Date to be specified for purposes of section 62(1)(f). 64. Reference to and validity of date of service of notice of termination. Chapter 3 Period of notice to be given 65. What this Chapter does. 66. Period of notice where section 67 or 68 is inapplicable. 67. Period of notice for termination by landlord where tenant in default. 68. Period of notice for termination by tenant where landlord in default. 69. Exception to requirements of sections 66 to 68. Chapter 4 Additional requirements and procedures where tenancy sub-let 70. Notices of termination in cases of tenancies that are sub-let. 71. Procedures on foot of service of notice mentioned in section 70 in non-contentious case. 72. Procedures on foot of service of notice in cases not falling under section 71. Chapter 5 Miscellaneous 73. Notice of termination by multiple tenants. 74. Offence to do certain acts on foot of invalid termination. PART 6 Dispute Resolution Chapter 1 Referral of matters to Board for resolution 75. Interpretation (Part 6). 76. Right of referral by parties to tenancy and certain other persons. 77. Right of referral in respect of breach of duty under section 15. 78. Particular matters that may be referred (non-exhaustive list). 79. Different matters may be the subject of a single reference. 80. Time limit for referring particular type of dispute. 81. Tenancies and sub-tenancies: referral of disputes concerning their termination. 82. Withdrawal of matter referred to Board. 83. Board not to deal with reference if fee not paid or tenancy not registered. 84. Further right of Board not to deal with certain references. 85. Right of Tribunal or adjudicator not to deal with reference. 86. Status of certain matters pending determination of dispute. 87. Remedial action taken by party in certain cases to be disregarded. 88. Extension of time for referring disputes to Board. Chapter 2 Relationship between Part and certain other dispute resolution mechanisms 89. Dispute subject of discontinued court proceedings may be subject of reference. 90. Arbitration agreement not effective to oust Board's jurisdiction save in certain circumstances. 91. Dispute may not be referred to Board where alternative remedy is being pursued. Chapter 3 Preliminary steps by Board (include power to refer matter to Tribunal) 92. Initial steps that may be taken by Board to resolve matters referred. 93. Invitation to parties to resolve matter through mediation. 94. Exceptions to section 93: direct reference of matter to Tribunal, etc. Chapter 4 Mediation and adjudication 95. Mediation. 96. Procedures to be followed on foot of Board's receipt of information under section 95(6). 97. Adjudication. 98. “Cooling-off” period for purposes of section 97(4)(b). 99. Adjudicator's report. 100. Appeal to Tribunal against adjudicator's determination. 101. Provisions common to mediators and adjudicators. Chapter 5 Tenancy Tribunal 102. Tenancy Tribunals and the “Tribunal”. 103. Membership of Tribunal, etc. Chapter 6 Dispute resolution by Tribunal 104. Determination of disputes by Tribunal: procedures generally. 105. Provisions in relation to evidence, summoning of witnesses, etc. 106. Proceedings to be in public. 107. Adjournments of hearing. 108. Determination by Tribunal of dispute and notification to Board. Chapter 7 Supplementary procedural matters 109. Power of Board to make procedural rules. 110. Title to lands or property not to be drawn into question. 111. Power to enter and inspect dwelling. 112. Obligations of confidentiality. 113. Offence of providing false information to Board. 114. Certain proceedings and acts privileged. Chapter 8 Redress that may be granted under this Part 115. Redress that may be granted on foot of determination. 116. Determination may require sub-tenancy to be quitted in certain cases. 117. Redress of an interim nature may be granted. 118. Discretion to refuse direction for possession. 119. Certain directions to be given in the case of arrears of rent. 120. Circumstances of landlord or tenant not to be taken account of in certain cases. Chapter 9 Determination orders and enforcement generally 121. Determination orders. 122. Provision to ensure consistency between determinations. 123. Binding nature of determination orders. 124. Enforcement of determination orders. 125. Cancellation of determination order in cases of nonappearance. 126. Offence for failure to comply with determination order. PART 7 Registration of Tenancies Chapter 1 Private residential tenancies register 127. Establishment of register. 128. Published register. 129. Inspection of published register. 130. Register and published register may be kept in electronic form. 131. Publication of aggregated details derived from register. 132. Furnishing of entries in registers, etc. 133. Confirmation to parties to tenancy as to particulars specified in an application under section 134. Chapter 2 Procedure for registration 134. Obligation to apply to register tenancy. 135. Section 134: supplemental provisions. 136. Particulars to be specified in application under section 134. 137. Fee to accompany application under section 134. 138. Variation of fee in line with changes in value of money. Chapter 3 Updating of register and enforcement of requirement to register 139. Updating of particulars entered in the register. 140. Amendment of register by Board of its own volition. 141. Deletion from register of a tenancy. 142. Presumption in relation to date of commencement of tenancy. 143. Offence for furnishing false or misleading information. 144. Provision in aid of enforcement of registration requirements. 145. Further provisions in aid of enforcement of registration requirements. Chapter 4 Data exchange — private residential tenancies 146. Data exchange — private residential tenancies. 147. Exchange of public service data. 148. Provision of details of tenancy to Revenue Commissioners. PART 8 Private Residential Tenancies Board Chapter 1 Establishment and principal functions of Board 149. Establishment day. 150. Establishment of Board. 151. Functions of Board. 152. Model lease. Chapter 2 Composition of Board 153 Membership of Board. 154. Supplemental provisions as to membership of Board. 155. Chairperson of Board. Chapter 3 Meetings and committees 156. Meetings of Board. 157. Committees of Board. 158. Supplemental provisions as to committees of Board. 159. Dispute Resolution Committee. Chapter 4 Management of Board 160. Director of Board. 161. Supplemental provisions in relation to Director. Chapter 5 Staff of Board and superannuation matters 162. Staff of Board. 163. Superannuation. Chapter 6 Appointment or engagement of certain persons 164. Mediators and adjudicators. 165. Removal of an adjudicator from the panel. 166. Consultants and advisers. 167. Provision of services to Board. Chapter 7 Supplemental provisions with regard to Board's administration and management 168. Indemnification of certain persons. 169. Membership of either House of the Oireachtas, etc. 170. Disclosure of interests. 171. Section 170: supplemental provisions. 172. Disclosure of information. 173. Seal of Board. Chapter 8 Financial and accountability provisions 174. Grants to Board. 175. Borrowings by Board. 176. Fees. 177. Accounts. 178. Further provisions with respect to accounts (including their audit). 179. Accountability of Director to Oireachtas Committees. 180. Reports and information to Minister. 181. Reports to Board. PART 9 Miscellaneous 182. Limitation on certain disputes being the subject of court proceedings. 183. Guidelines to Board. 184. Voidance of provisions designed to facilitate terminations. 185. Obligation to inform prospective sub-tenant of nature of tenancy. 186. Tenant may terminate where consent to assignment or subletting withheld. 187. Duty of management companies in relation to certain complaints. 188. Provision of information in relation to service charges by management companies. 189. Jurisdiction in aid of Part 6 resolution procedure. 190. Section 189: supplemental provisions. 191. Long occupation equity (ability to renounce entitlement to it). 192. Long occupation equity (prospective abolition of entitlement to it). 193. Non-application of certain enactments. 194. Deemed termination of tenancy to which Part 4 does not apply. 195. Proposed overholding under a fixed term tenancy. 196. Equal Status Act 2000 not prejudiced. 197. Amendment of Housing (Miscellaneous Provisions) Act 1997. 198. Amendment of Housing Act 1966. 199. Amendment of sections 58 and 60 of Landlord and Tenant (Amendment) Act 1980. 200. Amendment of sections 3 and 20 of Housing (Miscellaneous Provisions) Act 1992. 201. Amendment of section 34 of Housing (Miscellaneous Provisions) Act 1992. 202. Regulations to remove difficulties. SCHEDULE Protection for Sub-Tenancies Created out of Part 4 Tenancies Acts Referred to Adoption Acts 1952 to 1998 Arbitration Act 1954 1954, No. 26 Civil Liability Act 1961 1961, No. 41 Civil Service Commissioners Act 1956 1956, No. 45 Civil Service Regulation Acts 1956 to 1996 Companies Acts 1963 to 2003 Comptroller and Auditor General (Amendment) Act 1993 1993, No. 8 Conveyancing Act 1881 1881, c. 41 Conveyancing and Law of Property Act 1892 1892, c. 13 Criminal Law Amendment Act 1912 1912, c. 20 Equal Status Act 2000 2000, No. 8 European Parliament Elections Act 1997 1997, No. 2 Finance Act 1999 1999, No. 2 Health Act 1970 1970, No. 1 Health (Eastern Regional Health Authority) Act 1999 1999, No. 13 Housing Act 1966 1966, No. 21 Housing Act 1988 1988, No. 28 Housing Acts 1966 to 1997 Housing Acts 1966 to 2002 Housing (Miscellaneous Provisions) Act 1992 1992, No. 18 Housing (Miscellaneous Provisions) Act 1997 1997, No. 21 Housing (Miscellaneous Provisions) Act 2002 2002, No. 9 Housing (Private Rented Dwellings) Act 1982 1982, No. 6 Housing (Traveller Accomodation) Act 1998 1998, No. 33 Interpretation Act 1937 1937, No. 38 Landlord and Tenant Act 1931 1931, No. 55 Landlord and Tenant (Amendment) Act 1980 1980, No. 10 Landlord and Tenant (Amendment) Act 1994 1994, No. 20 Landlord and Tenant (Ground Rents) (No. 2) Act 1978 1978, No. 7 Landlord and Tenant Law Amendment Act Ireland 1860 1860, c. 154 Local Government Act 2001 2001, No. 37 Organisation of Working Time Act 1997 1997, No. 20 Petty Sessions (Ireland) Act 1851 1851, c. 93 Planning and Development Act 2000 2000, No. 30 Public Offices Fees Act 1879 1879, c. 58 Social Welfare (Consolidation) Act 1993 1993, No. 27 Statute of Limitations 1957 1957, No. 6 Succession Act 1965 1965, No. 27 Taxes Consolidation Act 1997 1997, No. 39 Urban Renewal Act 1998 1998, No. 27 Number 27 of 2004 RESIDENTIAL TENANCIES ACT 2004 AN ACT TO PROVIDE— (a) IN ACCORDANCE WITH THE EXIGENCIES OF THE COMMON GOOD, FOR A MEASURE OF SECURITY OF TENURE FOR TENANTS OF CERTAIN DWELLINGS, (b) FOR AMENDMENTS OF THE LAW OF LANDLORD AND TENANT IN RELATION TO THE BASIC RIGHTS AND OBLIGATIONS OF EACH OF THE PARTIES TO TENANCIES OF CERTAIN DWELLINGS, (c) WITH THE AIM OF ALLOWING DISPUTES BETWEEN SUCH PARTIES TO BE RESOLVED CHEAPLY AND SPEEDILY, FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN BORD UM THIONÓNTACHTAÍ CÓNAITHE PRÍOBHÁIDEACHA OR, IN THE ENGLISH LANGUAGE, THE PRIVATE RESIDENTIAL TENANCIES BOARD AND THE CONFERRAL ON IT OF POWERS AND FUNCTIONS OF A LIMITED NATURE IN RELATION TO THE RESOLUTION OF SUCH DISPUTES, (d) FOR THE REGISTRATION OF TENANCIES OF CERTAIN DWELLINGS, AND (e) FOR RELATED MATTERS. [19th July 2004] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title. 1.—This Act may be cited as the Residential Tenancies Act 2004. Commencement. 2.—This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. Application of Act. 3.—(1) Subject to subsection (2), this Act applies to every dwelling, the subject of a tenancy (including a tenancy created before the passing of this Act). (2) Subject to section 4 (2), this Act does not apply to any of the following dwellings— (a) a dwelling that is used wholly or partly for the purpose of carrying on a business, such that the occupier could, after the tenancy has lasted 5 years, make an application under section 13 (1)(a) of the Landlord and Tenant (Amendment) Act 1980 in respect of it, (b) a dwelling to which Part II of the Housing (Private Rented Dwellings) Act 1982 applies, (c) a dwelling let by or to— (i) a public authority, or (ii) a body standing approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 and which is occupied by a person referred to in section 9 (2) of the Housing Act 1988 , (d) a dwelling, the occupier of which is entitled to acquire, under Part II of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 , the fee simple in respect of it, (e) a dwelling occupied under a shared ownership lease, (f) a dwelling let to a person whose entitlement to occupation is for the purpose of a holiday only, (g) a dwelling within which the landlord also resides, (h) a dwelling within which the spouse, parent or child of the landlord resides and no lease or tenancy agreement in writing has been entered into by any person resident in the dwelling, (i) a dwelling the subject of a tenancy granted under Part II of the Landlord and Tenant (Amendment) Act 1980 or under Part III of the Landlord and Tenant Act 1931 or which is the subject of an application made under section 21 of the Landlord and Tenant (Amendment) Act 1980 and the court has yet to make its determination in the matter. Interpretation generally. 4.—(1) In this Act, unless the context otherwise requires— “adjudicator” shall be construed in accordance with section 164 (2); “authorised agent” shall be construed in accordance with section 12 (1)(e); “Board” shall be construed in accordance with section 150 (1); “child” includes a person who is no longer a minor and cognate words shall be construed accordingly; “company” means a company within the meaning of the Companies Acts 1963 to 2003; “contract of tenancy” does not include an agreement to create a tenancy; “Director” shall be construed in accordance with section 160 (1); “Dispute Resolution Committee” shall be construed in accordance with section 157 (2); “dwelling” means, subject to subsection (2), a property let for rent or valuable consideration as a self-contained residential unit and includes any building or part of a building used as a dwelling and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it and, where the context so admits, includes a property available for letting but excludes a structure that is not permanently attached to the ground and a vessel and a vehicle (whether mobile or not); “establishment day” means the day appointed under section 149 ; “functions” includes powers and duties and references to the performance of functions include, as respects power and duties, references to the exercise of the powers and the carrying out of the duties; “further Part 4 tenancy” shall be construed in accordance with section 41 (2) or 45(2), as appropriate; “local authority” means a local authority for the purposes of the Local Government Act 2001 ; “management company”, in relation to an apartment complex, means the company in which functions are vested with respect to the management of the apartment complex; “mediator” shall be construed in accordance with section 164 (1); “Minister” means the Minister for the Environment, Heritage and Local Government; “Part 4 tenancy” shall be construed in accordance with section 29 ; “personal representative” has the same meaning as it has in the Succession Act 1965 ; “planning permission” means a permission under section 34 of the Planning and Development Act 2000 ; “prescribed” means prescribed by regulations made by the Minister under this Act; “public authority” means— (a) a Minister of the Government or a body under the aegis of a Minister of the Government, (b) the Commissioners of Public Works in Ireland, (c) a local authority, (d) a health board established under the Health Act 1970 , (e) the Eastern Regional Health Authority or an area health board established under the Health (Eastern Regional Health Authority) Act 1999 , (f) a voluntary body standing approved of by the Minister for Health and Children or by a health board or an authority or board mentioned in paragraph (e) of this definition for the purpose of providing accommodation for elderly persons or persons with a mental handicap or psychiatric disorder, (g) a recognised educational institution, namely, any university, technical college, regional technical college, secondary or technical college or other institution or body of persons approved of, for the purpose of providing an approved course of study, by the Minister for Education and Science, or (h) the Shannon Free Airport Development Company; “remuneration” includes fees, allowances for expenses, benefits-inkind and superannuation; “required period of notice”, in relation to a notice of termination, means the period of notice required by Part 4 or 5 or, if greater, by the lease or tenancy agreement concerned; “self-contained residential unit” includes the form of accommodation commonly known as “bedsit” accommodation; “shared ownership lease” has the meaning assigned to it by section 2 of the Housing (Miscellaneous Provision) Act 1992 ; “superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death; “tenancy agreement” includes an oral tenancy agreement; “Tribunal” shall be construed in accordance with section 102 (2). (2) The definition of “dwelling” in subsection (1) shall not apply in relation to the construction of references to “dwelling” to which this subsection applies; each such reference shall be construed as a reference to any building or part of a building used as a dwelling (whether or not a dwelling let for rent or valuable consideration) and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it. (3) Subsection (2) applies to the following references to “dwelling” (whether in the singular or plural form) in this Act, namely— (a) the second of the references in section 12 (1)(h), (b) the first and last of the references in paragraph (c)(ii) and paragraph (c)(iii) of the definition of “behave in a way that is anti-social” in section 17 (1), (c) the reference in subsection (2)(a) of section 25 to whichever of the dwellings mentioned in that subsection is not the subject of the tenancy mentioned in subsection (1) of that section, (d) the references in subsection (2)(b) and (c) of section 25 , and (e) the second of the references in sections 136(h), 187(1) and 188(1). (4) In this Act— (a) a reference to a section or Part is a reference to a section or Part of this Act unless it is indicated that reference to some other enactment is intended, (b) a reference to a Chapter is a reference to the Chapter of the Part in which the reference occurs, unless it is indicated that reference to some other provision is intended, (c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and (d) a reference to any other enactment is a reference to that enactment as amended or extended by or under any subsequent enactment. “relevant date”, “landlord”, “tenant”, “lease”, etc. 5.—(1) In this Act— “landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a dwelling by the tenant thereof and, where the context so admits, includes a person who has ceased to be so entitled by reason of the termination of the tenancy; “lease” means an instrument in writing, whether or not under seal, containing a contract of tenancy in respect of a dwelling; “relevant date” means the date on which Part 4 is commenced; “tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied, and, where the context so admits, includes a sub-tenancy and a tenancy or sub-tenancy that has been terminated; “tenant” means the person for the time being entitled to the occupation of a dwelling under a tenancy and, where the context so admits, includes a person who has ceased to be entitled to that occupation by reason of the termination of his or her tenancy. (2) A reference in this Act to— (a) the landlord of a dwelling is a reference to the landlord under a tenancy of the dwelling, and (b) the tenant of a dwelling is a reference to the tenant under a tenancy of the dwelling. (3) Subject to subsection (4), in this Act “costs”, in relation to a matter being dealt with by the Board, a mediator, an adjudicator or the Tribunal or a determination or direction made or given by it or him or her, does not include— (a) legal costs or expenses, or (b) costs or expenses of any other professional kind or of employing any person with technical expertise that are connected wholly or mainly with the provision of evidence for, or the presentation of one or more issues at, the proceedings. (4) Despite subsection (3), the Board or, with the consent of the Board, a mediator, an adjudicator or the Tribunal may if, in its or his or her opinion the exceptional circumstances of the matter so warrant, determine that any element of costs the subject of a determination or direction made or given by it or him or her shall include costs referred to in paragraph (a) or (b) of that subsection. Service of notices. 6.—(1) A notice required or authorised to be served or given by or under this Act shall, subject to subsection (2), be addressed to the person concerned by name and may be served on or given to the person in one of the following ways: (a) by delivering it to the person; (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; (c) by sending it by post in a prepaid letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address; (d) where the notice relates to a dwelling and it appears that no person is in actual occupation of the dwelling, by affixing it in a conspicuous position on the outside of the dwelling or the property containing the dwelling. (2) Where the notice concerned is to be served on or given to a person who is the owner, landlord, tenant or occupier of a dwelling and the name of the person cannot be ascertained by reasonable inquiry it may be addressed to the person by using the words the owner, the landlord, the tenant or the occupier, as the case may require. (3) For the purposes of this section, a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business. (4) A person shall not, at any time during the period of 3 months after a notice is affixed under subsection (1)(d) remove, damage or deface the notice without lawful authority. (5) A person who contravenes subsection (4) is guilty of an offence. (6) Where, in proceedings under Part 6, it is shown that a notice was served or given in accordance with the provisions of this section and on the date that it is alleged it was served or given, the onus shall be on the recipient to establish to the Board, the adjudicator or Tribunal's satisfaction that the notice was not received in sufficient time to enable compliance with the relevant time limit specified by or under this Act. Service or giving of notice on behalf of another. 7.—Where a notice required or authorised to be served or given by or under this Act is served or given on behalf of a person, the notice shall be deemed to be served or given by that person. Regulations and orders. 8.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed. (2) Every order (other than an order made under section 2 or 149) and regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. (3) The Minister may be order amend or revoke an order under this Act (other than an order under section 2 or 149). (4) An order under subsection (3) shall be made in the like manner and its making shall be subject to the like (if any) consents and conditions as the order that it is amending or revoking. Offences. 9.—(1) A person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both. (2) If the contravention in respect of which a person is convicted of an offence under this Act is continued after the conviction, the person is guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable on summary conviction to a fine not exceeding €250. (3) Proceedings in relation to an offence under this Act may be brought and prosecuted by the Board. (4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , proceedings for an offence under this Act may be instituted at any time within one year after the date of the offence. (5) Where a person is convicted of an offence under this Act the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Board the costs and expenses, measured by the court, incurred by the Board in relation to the investigation, detection and prosecution of the offence. Repeal and revocation. 10.—(1) Section 5 of the Criminal Law Amendment Act 1912 is repealed. (2) The Housing (Registration of Rented Houses) Regulations 1996 ( S.I. No. 30 of 1996 ) are revoked. Expenses. 11.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART 2 Tenancy Obligations of Landlords and Tenants Chapter 1 Provisions regarding landlord's obligations Obligations of landlords. 12.—(1) In addition to the obligations arising by or under any other enactment, a landlord of a dwelling shall— (a) allow the tenant of the dwelling to enjoy peaceful and exclusive occupation of the dwelling, (b) subject to subsection (2), carry out to— (i) the structure of the dwelling all such repairs as are, from time to time, necessary and ensure that the structure complies with any standards for houses for the time being prescribed under section 18 of the Housing (Miscellaneous Provisions) Act 1992 , and (ii) the interior of the dwelling all such repairs and replacement of fittings as are, from time to time, necessary so that that interior and those fittings are maintained in, at least, the condition in which they were at the commencement of the tenancy and in compliance with any such standards for the time being prescribed, (c) subject to subsection (3), effect and maintain a policy of insurance in respect of the structure of the dwelling, that is to say a policy— (i) that insures the landlord against damage to, and loss and destruction of, the dwelling, and (ii) that indemnifies, to an amount of at least €250,000, the landlord against any liability on his or her part arising out of the ownership, possession and use of the dwelling, (d) subject to subsection (4), return or repay promptly any deposit paid by the tenant to the landlord on entering into the agreement for the tenancy or lease, (e) notify the tenant of the name of the person, if any, (the “authorised agent”) who is authorised by the landlord to act on his or her behalf in relation to the tenancy for the time being, (f) provide to the tenant particulars of the means by which the tenant may, at all reasonable times, contact him or her or his or her authorised agent, (g) without prejudice to any other liability attaching in this case, reimburse the tenant in respect of all reasonable and vouched for expenses that may be incurred by the tenant in carrying out repairs to the structure or interior of the dwelling for which the landlord is responsible under paragraph (b) where the following conditions are satisfied— (i) the landlord has refused or failed to carry out the repairs at the time the tenant requests him or her to do so, and (ii) the postponement of the repairs to some subsequent date would have been unreasonable having regard to either— (I) a significant risk the matters calling for repair posed to the health or safety of the tenant or other lawful occupants of the dwelling, or (II) a significant reduction that those matters caused in the quality of the tenant's or other such occupants' living environment, (h) if the dwelling is one of a number of dwellings comprising an apartment complex— (i) forward to the management company, if any, of the complex any complaint notified in writing by the tenant to him or her concerning the performance by the company of its functions in relation to the complex, (ii) forward to the tenant any initial response by the management company to that complaint, and (iii) forward to the tenant any statement in writing of the kind referred to in section 187 (2) made by the management company in relation to that complaint. (2) Subsection (1)(b) does not apply to any repairs that are necessary due to the failure of the tenant to comply with section 16 (f). (3) The obligation under subsection (1)(c) does not apply at any particular time during the term of the tenancy concerned if, at that time, a policy of insurance of the kind referred to in that provision is not obtainable, or is not obtainable at a reasonable cost, by the landlord in respect of the dwelling. (4) Subsection (1)(d) applies and has effect subject to the following provisions: (a) no amount of the deposit concerned shall be required to be returned or repaid if, at the date of the request for return or repayment, there is a default in— (i) the payment of rent and the amount of rent that is in arrears is equal to or greater than the amount of the deposit, or (ii) compliance with section 16 (f) and the amount of the costs that would be incurred by the landlord, were he or she to take them, in taking such steps as are reasonable for the purposes of restoring the dwelling to the condition mentioned in section 16 (f) is equal to or greater than the amount of the deposit, (b) where, at the date of the request for return or repayment, there is a default in the payment of rent or compliance with section 16 (f) and subparagraph (i) or (ii), as the case may be, of paragraph (a) does not apply, then there shall only be required to be returned or repaid under subsection (1)(d) the difference between the amount of rent that is in arrears or, as appropriate, the amount of the costs that would be incurred in taking steps of the kind referred to in paragraph (a)(ii). (5) For the avoidance of doubt, the condition in subsection (1)(g)(i) is satisfied if, after all reasonable attempts, the landlord or his or her authorised agent could not be contacted to make the request concerned. Section 12 (1)(b): supplemental regulations. 13.—(1) The Board, with the consent of the Minister, may make regulations specifying that particular parts of dwellings shall, for the purposes of section 12 (1)(b), be regarded as parts of the interior, or as parts of the structure, of dwellings. (2) In making regulations under this section, the Board— (a) may invite submissions in relation to the matter from any persons or organisations appearing to the Board to be representative of the interests of landlords and of tenants and consider any submissions from those persons or organisations made on foot of that invitation, (b) shall not specify a part of a dwelling as being part of its structure or, as the case may be, part of its interior if, to do so, would, in its opinion, result in unreasonably burdensome obligations being imposed on landlords. (3) Different regulations may be made under this section in respect of different classes of dwelling. Prohibition on penalisation of tenants. 14.—(1) A landlord of a dwelling shall not penalise a tenant for— (a) referring any dispute between the tenant and the landlord to the Board for resolution under Part 6, (b) giving evidence in any proceedings under Part 6 to which the landlord is a party (whether the tenant is a party to them or not), (c) making a complaint to a member of the Garda Síochána or to a public authority in relation to any matter arising out of, or in connection with, the occupation of the dwelling or making an application regarding such a matter to a public authority, or (d) giving notice of his or her intention to do any or all of the things referred to in the preceding paragraphs. (2) For the purposes of this section a tenant is penalised if the tenant is subjected to any action that adversely affects his or her enjoying peaceful occupation of the dwelling concerned. (3) Such action may constitute penalisation even though it consists of steps taken by the landlord in the exercise of any rights conferred on him or her by or under this Act, any other enactment or the lease or tenancy agreement concerned if, having regard to— (a) the frequency or extent to which the right is exercised in relation to the tenant, (b) the proximity in time of its being so exercised to the tenant's doing the relevant thing referred to in subsection (1), and (c) any other relevant circumstances, it is a reasonable inference that the action was intended to penalise the tenant for doing that thing. (4) This section is without prejudice to any other liability (civil or criminal) the landlord may be subject to for doing a thing prohibited by this section. Duty owed to certain third parties to enforce tenant's obligations. 15.—(1) A landlord of a dwelling owes to each person who could be potentially affected a duty to enforce the obligations of the tenant under the tenancy. (2) In subsection (1) “person who could be potentially affected” means a person who, it is reasonably foreseeable, would be directly and adversely affected by a failure to enforce an obligation of the tenant were such a failure to occur and includes any other tenant under the tenancy mentioned in that subsection. (3) This section does not confer on any person a right of action maintainable in proceedings before a court for breach of the duty created by it; the sole remedy for such a breach is by means of making a complaint (where the conditions specified in section 77 for doing so are satisfied) to the Board under Part 6. (4) Nothing in subsection (3) affects any duty of care, and the remedies available for its breach, that exist apart from this section. Chapter 2 Provisions regarding tenant's obligations Obligations of tenants. 16.—In addition to the obligations arising by or under any other enactment, a tenant of a dwelling shall— (a) pay to the landlord or his or her authorised agent (or any other person where required to do so by any enactment)— (i) the rent provided for under the tenancy concerned on the date it falls due for payment, and (ii) where the lease or tenancy agreement provides that any charges or taxes are payable by the tenant, pay those charges or taxes in accordance with the lease or tenancy agreement (unless provision to that effect in the lease or tenancy agreement is unlawful or contravenes any other enactment), (b) ensure that no act or omission by the tenant results in there not being complied with the obligations of the landlord, under any enactment, in relation to the dwelling or the tenancy (and in particular, the landlord's obligations under regulations under section 18 of the Housing (Miscellaneous Provisions) Act 1992 ), (c) allow, at reasonable intervals, the landlord, or any person or persons acting on the landlord's behalf, access to the dwelling (on a date and time agreed in advance with the tenant) for the purposes of inspecting the dwelling, (d) notify the landlord or his or her authorised agent of any defect that arises in the dwelling that requires to be repaired so as to enable the landlord comply with his or her obligations, in relation to the dwelling or the tenancy, under any enactment, (e) allow the landlord, or any person or persons acting on the landlord's behalf, reasonable access to the dwelling for the purposes of allowing any works (the responsibility for the carrying out of which is that of the landlord) to be carried out, (f) not do any act that would cause a deterioration in the condition the dwelling was in at the commencement of the tenancy, but there shall be disregarded, in determining whether this obligation has been complied with at a particular time, any deterioration in that condition owing to normal wear and tear, that is to say wear and tear that is normal having regard to— (i) the time that has elapsed from the commencement of the tenancy, (ii) the extent of occupation of the dwelling the landlord must have reasonably foreseen would occur since that commencement, and (iii) any other relevant matters, (g) if paragraph (f) is not complied with, take such steps as the landlord may reasonably require to be taken for the purpose of restoring the dwelling to the condition mentioned in paragraph (f) or to defray any costs incurred by the landlord in his or her taking such steps as are reasonable for that purpose, (h) not behave within the dwelling, or in the vicinity of it, in a way that is anti-social or allow other occupiers of, or visitors to, the dwelling to behave within it, or in the vicinity of it, in such a way, (i) not act or allow other occupiers of, or visitors to, the dwelling to act in a way which would result in the invalidation of a policy of insurance in force in relation to the dwelling, (j) if any act of the tenant's, or any act of another occupier of, or visitor to, the dwelling which the tenant has allowed to be done, results in an increase in the premium payable under a policy of insurance in force in relation to the dwelling, pay to the landlord an amount equal to the amount of that increase (“the increased element”) (and that obligation to pay such an amount shall apply in respect of each further premium falling due for payment under the policy that includes the increased element), (k) not assign or sub-let the tenancy without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold), (l) not alter or improve the dwelling without the written consent of the landlord which consent the landlord— (i) in case the alteration or improvement consists only of repairing, painting and decorating, or any of those things, may not unreasonably withhold, (ii) in any other case, may, in his or her discretion, withhold, (m) not use the dwelling or cause it to be used for any purpose other than as a dwelling without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold), and (n) notify in writing the landlord of the identity of each person (other than a multiple tenant) who, for the time being, resides ordinarily in the dwelling. Section 16 :interpretation and supplemental. 17.—(1) In section 16 — “alter or improve”, in relation to a dwelling, includes— (a) alter a locking system on a door giving entry to the dwelling, and (b) make an addition to, or alteration of, a building or structure (including any building or structure subsidiary or ancillary to the dwelling), “behave in a way that is anti-social” means— (a) engage in behaviour that constitutes the commission of an offence, being an offence the commission of which is reasonably likely to affect directly the well-being or welfare of others, (b) engage in behaviour that causes or could cause fear, danger, injury, damage or loss to any person living, working or otherwise lawfully in the dwelling concerned or its vicinity and, without prejudice to the generality of the foregoing, includes violence, intimidation, coercion, harassment or obstruction of, or threats to, any such person, or (c) engage, persistently, in behaviour that prevents or interferes with the peaceful occupation— (i) by any other person residing in the dwelling concerned, of that dwelling, (ii) by any person residing in any other dwelling contained in the property containing the dwelling concerned, of that other dwelling, or (iii) by any person residing in a dwelling (“neighbourhood dwelling”) in the vicinity of the dwelling or the property containing the dwelling concerned, of that neighbourhood dwelling. (2) The reference in section 16 (b) to an act or omission by the tenant shall be deemed to include a reference to an act or omission by any other person who, at the time of the doing of the act or the making of the omission, is in the dwelling concerned with the consent of the tenant. (3) The landlord shall be entitled to be reimbursed by the tenant any costs or expenses reasonably incurred by him or her in deciding upon a request for consent in relation to the tenant's doing a thing referred to in paragraph (k), (l) or (m) of section 16 (whether the consent is granted or refused). (4) If the amount of the premium referred to in section 16 (j) is, apart for the reason mentioned in that provision, subsequently increased or reduced then the reference in that provision to the increased element shall be construed as a reference to the amount concerned as proportionately adjusted in line with the increase or reduction. No contracting out from terms of section 12 or 16 permitted, etc. 18.—(1) Subject to subsections (2) and (3), no provision of any lease, tenancy agreement, contract or other agreement (whether entered into before, on or after the commencement of this Part) may operate to vary, modify or restrict in any way section 12 or 16 . (2) Subsection (1) does not prevent more favourable terms for the tenant than those that apply by virtue of section 12 being provided for in the lease or tenancy agreement concerned. (3) Obligations additional to those specified in section 16 may be imposed on the tenant by the lease or tenancy agreement concerned but only if those obligations are consistent with this Act. PART 3 Rent and Rent Reviews Setting of rent above market rent prohibited. 19.—(1) In setting, at any particular time, the rent under the tenancy of a dwelling, an amount of rent shall not be provided for that is greater than the amount of the market rent for that tenancy at that time. (2) The reference in this section to the setting of the rent under a tenancy is a reference to— (a) the initial setting of the rent under the tenancy, and (b) any subsequent setting of the rent under the tenancy by way of a review of that rent. 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 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. 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. 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 28 days before the date from which the new rent is to have effect, a notice in writing 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. (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. 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. “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 (b) the letting values of dwellings of a similar size, type and character 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. PART 4 Security of Tenure Chapter 1 Preliminary 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. 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 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, or (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. Chapter 3 Termination of Part 4 tenancy Restriction on termination by landlord. 33.—A Part 4 tenancy may not be terminated by the landlord save in accordance with section 34 . Grounds for termination by landlord. 34.—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, and (ii) that notice of termination cites as the reason for the termination the ground or grounds concerned and, in the case of paragraph 4, 5 or 6 of that Table, contains or is accompanied by the statement referred to in that paragraph, or (b) irrespective of whether any of those grounds exist, if— (i) a notice of termination giving the required period of notice is served by the landlord in respect of the tenancy, and (ii) that period of notice expires on or after the end of the period of 4 years mentioned in section 28 (2)(a) in relation to the tenancy. TABLE Grounds for termination 1. The tenant has failed to comply with any of his or her obligations 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 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. 2. The dwelling is no longer suitable to the accommodation needs of the tenant and of any …