Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022

Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 

Please note the legislation has not been extended. 

However, in respect of Notices of Termination served by landlords, for grounds other than breach of tenant obligations with a termination date falling between the 30 October 2022 and 31 March 2023, a deferred termination date may still apply.

 The deferred termination dates to be applied depends on two factors: 

• The specified termination date;  

and  

• the length of the tenancy. 

Key points: 

• If the termination date stated in a Notice of Termination falls between the 30 October 2022 and 31 March 2023, the deferred termination dates now replace apply. Please see below for further clarity.

• An additional protection applies in respect of Notices of Termination served within the winter emergency period and served within the first 6 months of the tenancy commencing.  In such instances, the tenancy cannot end earlier than 18 June 2023, otherwise the Notice of Termination is invalid (the usual 90 days’ notice must still be given). 

• Please note the deferred termination dates did not apply if the Notice of Termination was served on grounds of breach of tenant obligations. . For example, by not paying rent or behaving in an anti-social manner.

• The deferred dates also did not apply where the landlord served a Notice of Termination because the rented property was no longer suitable to the accommodation needs of the occupying household.  

• The deferred dates apply to the private rental sector, approved housing bodies, cost rental tenancies and licenses/ tenancies in student specific accommodation including student tenancies within the general rental market. 

• If the above protections mean a tenant gets to stay in the rented property for longer than 6 months, the tenant will not acquire Part 4 tenancy rights (i.e. a tenancy of unlimited duration).  

What are the deferred termination dates?

There are five different deferred termination dates that can apply. The deferred termination date that applies depends on the end date stated on the Notice of Termination and the length of the tenancy. Please see the below information which illustrates which dates apply to which scenario.