38AOrder allowing for termination in case of severe COVID-19 related hardship

38A Order allowing for termination in case of severe COVID-19 related hardship

[Section 38A Inserted by No. 11 of 2020, Sched. 2, Applied:27 Mar 2020]

(1)  An owner or tenant of residential premises to which a fixed term lease applies may apply to the Commissioner for an order declaring that the lease is terminated.

(2)  An owner or tenant of residential premises to which a fixed term lease applies may only apply under subsection (1) for an order on the grounds that the continuation of the lease would result in severe hardship to the owner, or tenant, respectively, related to the effect of the presence in the State of the socially-dislocating disease and the risk of its spread amongst persons in the State.

(3)  If the Commissioner is satisfied that the continuation of a fixed term lease to which an application under subsection (1) relates would result in severe hardship to the owner, or tenant, respectively, related to the effect of the presence in the State of the socially-dislocating disease and the risk of its spread amongst persons in the State, the Commissioner may make an order declaring that the lease is terminated from a date specified in the order.

(4)  An order under subsection (3) may specify that compensation is payable by the owner or tenant in relation to the termination of the lease.

(5)  The Commissioner, within 3 days of making an order under subsection (3) in relation to residential premises, is to notify the owner and the tenant of the residential premises of the making of the order.

(6)  An order made under subsection (3) in relation to residential premises is to specify that, unless an appeal is made under this section, the order takes effect on the day after the end of the 7-day period after the day on which notice of the order was given under subsection (5) .