Section 28 of the Residential Tenancies Act 2004 – Statutory protection — “Part 4 tenancy” — after 6 months occupation
Residential Tenancies Act 2004 (RTA 2004) · PART 4 – Security of Tenure › Chapter 2 – Statement of essential protection enjoyed by tenants
Revised Act prepared by the Law Reform Commission, updated to 1 March 2026. Amendments made after that date are not included.
(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)…
(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a notice of termination has been so served, that condition shall be regarded as satisfied if the notice is subsequently withdrawn.
Provisions referring to this one
6
- Section 29“Part 4 tenancy”— meaning of that expression
- Section 30Terms of Part 4 tenancy
- Section 31Sections 28 and 30: special cases
- Section 38Effect of assignment of Part 4 tenancy
- Section 48Interpretation (Chapter 6)
- Section 49General principle in relation to dwellings occupied by more than one person