Termination Notice based on section 34(b) after government repeal of section 42

GGTrek

As you know section 42 of the RTA 2004 is being repealed by the Irish government, but section 34(b) is not being repealed and the extension of part 4 duration to 6 years only applies to new tenancies, so how would a tenancy be terminated without using section 42 and only using section 34(b) for what should be the natural termination of the tenancy.

Lets´s assume that the tenancy agreement started on 1st of April 2013, the 4 years date would be 31st of March 2017. Using section 42, the landlord could terminate the tenancy by giving a 112 days notice at any date between 1st of April 2017 and 30th of September 2017, however since section 42 has been repealed, the landlord can only use section 34(b) now. So to the best of my understanding the only way to terminate the tenancy legally after the latest gov changes to the RTA would be the following:

a) the landlord provides the termination notice to the tenant on or before the 31st of March 2017

b) the notice period starts to count from the last day of the current tenancy, so the 112 days would count from the day after the 31st of March 2017 (the RTB does not accept counting from the same day), so 112 days from the 1st of April 2017 would be  the 21st of July 2017 which is the earliest termination date possible.

What are the thoughts of the forum participants on this?

For example the termination notice template that the RTB provides at the moment:
http://www.rtb.ie/docs/default-source/notice-of-terminations-landlord-pdf/terminating-a-tenancy-during-the-first-six-months-of-a-further-part-4-tenancy-no-section-34-reason-is-requiredBF440469E3ED.pdf?sfvrsn=2
would be no longer valid, since a further part 4 tenancy has been eliminated by the latest amendments to the RTA 2004. Below in bold the relevant parts of the RTA 2004 that would still be valid for tenancies started before the approval of the new bill.

" 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.
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."

Mr. Incognito

I dont understand the question frankly

Here is the Bill

http://www.irishstatutebook.ie/eli/2004/act/27/section/42/enacted/en/html

The Landlord can still rely on Section 34 (b) and can still serve a notice in the first 6 months of a new Part 4 Tenancy which only affects people who have been renting from December 2012- March 2016 to date