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27 2004

Residential Tenancies Act 2004

Chapter 2

What a valid notice of termination must contain

Requirements for a valid notice of termination.

62. —(1) A notice of termination to be valid shall—

(a) be in writing,

(b) be signed by the landlord or his or her authorised agent or, as appropriate, the tenant,

(c) specify the date of service of it,

(d) be in such form (if any) as may be prescribed,

(e) if the duration of the tenancy is a period of more than 6 months, state (where the termination is by the landlord) the reason for the termination,

(f) specify the termination date, that is to say, the day (stating the month and year in which it falls)—

(i) on which the tenancy will terminate, and

(ii) on or before which (in the case of a termination by the landlord) the tenant must vacate possession of the dwelling concerned, (and indicating that the tenant has the whole of the 24 hours of the termination date to vacate possession),

and

(g) state that any issue as to the validity of the notice or the right of the landlord or tenant, as appropriate, to serve it must be referred to the Board under Part 6 within 28 days from the date of receipt of it.

(2) Subsection (1) is without prejudice to Chapter 4 and section 81 (3) (which specify additional requirements in respect of a tenancy that has been sub-let).

Date to be specified for purposes of section 62 (1)(f).

63. —For the purposes of section 62 (1)(f), the day that is to be specified in a notice of termination is the last day of—

(a) the period which, by reason of Chapter 3, is the period of notice to be given by that notice of termination, or

(b) such longer period of notice as the landlord or tenant (as appropriate) chooses, subject to section 65 (4), to give by that notice of termination.

Reference to and validity of date of service of notice of termination.

64. —(1) For the avoidance of doubt, the specification in a notice of termination of a date as being its date of service does not comply with section 62 (1)(c) if any relevant step in the service of that notice remains untaken on that date.

(2) A relevant step in the service of a notice remains untaken for the purposes of subsection (1) if any of the steps that are within the power or control of the landlord or tenant or agent (as appropriate) to take for the purpose of effecting such service remains untaken.

(3) A reference in this Part to the date of service of a notice of termination is a reference to the date the specification of which, in the notice of termination, complies with subsection (1).