Section 35A of the Residential Tenancies Act 2004 – Restriction on termination of certain tenancies by landlords

"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.

(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.

(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.