The Act:
- defers the termination dates of residential tenancies and licences of student-specific accommodation where the termination date falls during the winter emergency period, i.e. the period beginning on 30 October 2022 and ending on 31 March 2023; and
- provides for the phased termination of affected tenancies over a period of time after the winter emergency period to assist in managing demands on housing services.
How is the deferred termination date determined?
The Act includes a table (reproduced below) setting out how the deferred termination date is determined. The relevant date depends on when the termination date falls and the duration of the relevant tenancy.
| Period during which termination date falls | Tenancy duration | Deferred termination date |
| Beginning on 30 October 2022 and ending on 31 January 2023 | Less than 1 year | 1 May 2023 |
| Beginning on 1 February 2023 and ending on 31 March 2023 | Less than 6 months | 18 June 2023 |
| Beginning on 1 February 2023 and ending on 31 March 2023 | Not less than 6 months but less than 1 year | 1 June 2023 |
| Beginning on 30 October 2022 and ending on 31 January 2023 | Not less than 1 year but less than 7 years | 15 April 2023 |
| Beginning on 1 February 2023 and ending on 31 March 2023 | Not less than 1 year but less than 7 years | 1 May 2023 |
| Beginning on 30 October 2022 and ending on 31 March 2023 | Not less than 7 years | 1 April 2023 |
The Act specifically provides that a termination notice (other than a termination notice served on one of the exempted grounds set out below) served during the winter emergency period for a tenancy of less than six months cannot specify a termination date earlier than 18 June 2023.
Are there any exemptions?
Yes. The deferment of tenancy terminations will not apply where:
- the tenant fails to comply with the obligations set out in Section 16 of the 2004 Act, e.g. failure to pay rent or anti-social behaviour; or
- the termination notice cites a ground specified in paragraph 1, 1A or 2 of the Table to Section 34 of the Act of 2004 as the reason for the termination.
Please refer to our previous briefing for a summary of the Section 16 and Section 34 termination grounds. There is no exemption for 'no fault' terminations including sale of the dwelling by the landlord.
Do tenants acquire any rights as a result of any extra period of occupation?
No. Tenants do not acquire any rights under Part 4 of the Residential Tenancies Act 2004 Act (security of tenure) as a result of any additional occupation period.
Impact of the legislation
The legislation is unlikely to affect institutional landlords of PRS portfolios who would generally not require vacant possession of dwellings on a sale. However, smaller buy-to-let landlords may be affected if vacant possession is a condition of sale of an individual dwelling.
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.