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14 2008

Civil Law (Miscellaneous Provisions) Act 2008

PART 4

Landlord and Tenant

Amendment of section 17 of Landlord and Tenant (Amendment) Act 1980.

47 .— Section 17(1)(a) (as amended by section 4 of the Landlord and Tenant (Amendment) Act 1994 ) of the Landlord and Tenant (Amendment) Act 1980 is amended by substituting the following for subparagraph (iiia):

“(iiia) if section 13(1)(a) (as amended by section 3 of the Landlord and Tenant (Amendment) Act 1994 ) applies to the tenement, the tenant has renounced in writing, whether for or without valuable consideration, his or her entitlement to a new tenancy in the tenement and has received independent legal advice in relation to the renunciation, or”.

Amendment of section 85 of Landlord and Tenant (Amendment) Act 1980.

48 .— Section 85 (as amended by section 191(3) of the Residential Tenancies Act 2004 ) of the Landlord and Tenant (Amendment) Act 1980 is amended by substituting the following for subsection (2):

“(2) Subsection (1) does not apply to a renunciation referred to in—

(a) subparagraph (iiia) (inserted by section 47 of the Civil Law (Miscellaneous Provisions) Act 2008), or

(b) subparagraph (iiib) (inserted by section 191 of the Residential Tenancies Act 2004 ),

of section 17(1)(a).”.