10 Sep 2021

What protection does the 1954 Act offer to give to a tenant? In its consultation paper, while the Department accepted the substance of the above recommendation, it proposed some detailed alternatives. He felt that the tenant should receive the “health alert” in time to influence his decision. However, it also argued that the regulations should be flexible enough to waive the requirement to give notice of the health warning if, for example, the tenant had to occupy the property immediately in an emergency. • the tenant proposes to draw up a rental agreement; We accept the Department`s arguments regarding the use of a legal declaration under the Statutory Act, 1835 in cases where there has been no 14-day notice. First of all, we agree that it is desirable for a tenant to inform, as far as possible, in advance that he must be asked to accept an agreement that excludes his rights under the law. However, we also agree that it is in the tenant`s interest to provide for cases in which this notice cannot take place. Under these conditions, the use of a legal statement seems to be a reasonable response to this situation. While it may seem excessively cumbersome, the proposed procedure is less than the current requirement for a judicial sanction. Moreover, the Ministry`s assertion that it is precisely this burden that ensures that the necessary protection against abuse of the urgent procedure is maintained is convincing. We are therefore convinced that the burden, for both landlords and tenants, which is proportional to the advantage of offering a deterrent effect, of waiving the 14-day notice period and ensuring that the tenant has every opportunity, recognizes the importance of the treaty he has contracted. The landlord must send a warning to the tenant. The form of communication is defined in the rules and the communication must be made in that form or “essentially” in that form. Termination must be served before the lease is awarded or, if prior agreement has been reached on the lease agreement, before the contract is concluded.

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