Residential Tenancies (Miscellaneous Provisions) Act 2026

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Amendment of section 35 of Principal Act

13. (1) Section 35 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (4):

“(4) In paragraph 4 of the Table the reference to a member of the landlord’s family is a reference to—

(a) subject to paragraph (b), any spouse, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 , child, stepchild, foster child, grandchild, parent, grandparent, step parent, parent-in-law, brother, sister, nephew or niece of the landlord or a person adopted by the landlord under the Adoption Acts 2010 to 2015, or

(b) where the notice of termination is served in respect of a relevant Part 4 tenancy (within the meaning of section 35B) and the termination date specified in the notice of termination falls before the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy, any spouse, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 , child, stepchild, foster child, parent, step parent, parent-in-law of the landlord or a person adopted by the landlord under the Adoption Acts 2010 to 2015.”,

(b) in subsection (8)—

(i) in paragraph (b), by the substitution of “that landlord, and” for “that landlord.”, and

(ii) by the insertion of the following paragraph after paragraph (b):

“(c) where the notice of termination is served by the landlord in respect of a relevant Part 4 tenancy (within the meaning of section 35B), a declaration that—

(i) on the date that the notice of termination is served, the landlord—

(I) is not a company, and

(II) is a landlord under not more than 3 tenancies of dwellings,

(ii) where section 35B(5) does not apply, that the circumstances specified in one or more of paragraphs (a) to (c) of section 35B(4) apply and that the application of section 35B(3)(a) would, having regard to all the circumstances of the case, cause undue financial or other hardship on the landlord, and

(iii) where section 35B(5) applies, that the termination date specified in the notice of termination falls on or after the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy.”,

(c) by the insertion of the following subsection after subsection (10):

“(10A) Where a notice of termination is served by the landlord in respect of a termination of a relevant Part 4 tenancy (within the meaning of section 35B) on the ground specified in paragraph 5 or 6 of the Table, the statutory declaration that is to accompany the notice shall specify that—

(a) on the date that the notice of termination is served—

(i) the landlord is not a company, and

(ii) the landlord is a landlord under not more than 3 tenancies of dwellings,

and

(b) the termination date specified in the notice of termination falls on or after the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy.”,

(d) by the deletion of subsection (11), and

(e) in subsection (12), by the substitution of “section 62(1A)” for “section 39A”.

(2) The amendments of section 35 of the Principal Act effected by subsection (1) shall only apply in respect of a notice of termination referred to in that section of a tenancy to which that section applies created on or after 1 March 2026.