Section 53 — Residential Tenancies Act 1986: Special provisions for notice terminating service tenancies

53 Special provisions for notice terminating service tenancies (1) Subject to the succeeding provisions of this section, the minimum period of notice required to be given by a landlord or a tenant to terminate a service tenancy, where either party has given notice to terminate the contract of service or that contract has been terminated, shall be 14 days. (2) Where the contract of service is terminated, or the tenant is transferred to another district, on less than 14 days' notice, the landlord may terminate the service tenancy by the giving of notice of less than 14 days if— (a) The landlord believes on reasonable grounds that the tenant will cause substantial damage to the premises if the tenant is permitted to remain for 14 days; or (b) It is necessary for the conduct of the landlord's business where the tenant was employed that a replacement employee be appointed within less than 14 days and no suitable alternative accommodation is available for the replacement worker during the period of 14 days. (3) No notice under this section shall have effect to terminate a service tenancy on a date preceding the date on which the termination of the contract of service or the transfer of the employee takes effect. (4) Where the tenant of a service tenancy dies leaving any dependant residing in the premises, the minimum period of notice required to be given by the landlord to terminate the tenancy shall, subject to subsection (5) of this section, be 14 days. (5) In any case to which subsection (4) of this section applies, the landlord may terminate the tenancy by the giving of notice of less than 14 days, but not less than 5 days, if it is necessary for the conduct of the landlord's business at the place of business where the tenant was employed that a replacement employee be appointed within less than 14 days and no suitable alternative accommodation is available for the replacement worker during the period of 14 days. (6) Without limiting anything in subsections (2) to (5) of this section, in respect of a service tenancy granted by the Armed Forces to any person subject to the Armed Forces Discipline Act 1971 , the landlord may terminate the tenancy by giving less than 14 days' notice if the operational requirements of the Armed Forces so require. (7) In any proceedings before the Tribunal in which the validity of a notice purporting to have been given under this section is in issue, the following provisions shall apply: (a) Whether the contract of service was or was not terminated shall be a question of fact to be determined by the Tribunal, but the Tribunal shall not be concerned with the lawfulness or otherwise of that termination: (b) It shall be for the landlord to establish to the satisfaction of the Tribunal the matters referred to in paragraphs (a) and (b) of subsection (2),

and in subsection (5) , of this section: (c) In the case of a service tenancy granted by the Armed Forces to any person subject to the Armed Forces Discipline Act 1971 , a certificate by the Secretary of Defence to the effect that operational requirements necessitated the giving of notice of less than 14 days shall be accepted by the Tribunal as conclusive proof of that matter.