Notice of termination to tenant must state that landlord intends to sell within three months

Applicant is a tenant of residential premises ("the Premises") which he has occupied as a tenant since 2006 with his wife and children - this application is brought by way of appeal from the determination of the Tenancy Tribunal ("the Tribunal") issued in June 2015 by which the Tribunal determined that a notice of termination served by his landlord was valid - notice party was appointed receiver certain assets, including the Premises, and served a notice of termination on 11 June, 2014 specifying the date of 3 October, 2014 as the date on which the tenancy was said to be determined - this judgment is concerned with is concerned the net legal question of what must be contained in a valid notice of termination served under the provisions of the legislation, when a tenancy is terminated because a landlord intends to sell the premises the subject matter of the tenancy - applicant has had benefit of Part 4 tenancy of the Residential Tenancies Act of 2004 - in June 2012, receiver served a notice of termination on the stated ground that he intended to sell the Premises - the dispute as to the validity of the notice of termination was submitted for dispute resolution before an adjudicator of the respondent, who on the 4th February, 2013, determined that the notice of termination was invalid - the notice of termination did not specifically say that the landlord intended to sell within three months of the termination of the tenancy - applicant entered into new letting of the Premises in April 2013 and in June 2014, the receiver served a notice of termination in broadly or identical terms to that the subject matter of the adjudication made in February 2013 - applicant claims that the Tribunal erred in law in its analysis of the provisions of ss.34 and 62 of the Act of 2004 - Part 4 Part 4 sets out a scheme by which certain tenants of residential premises enjoy the benefit of a degree of statutory security of tenure - a landlord may terminate a Part 4 tenancy for certain specified reasons set out in s.34 of the Act - the intent of the Act of 2004, in particular the provisions of parts 4 and 5 are to provide a degree of security of tenure to a tenant of residential premises - security of tenure is not absolute - section 34 requires the notice to cite the reason for termination, and there is no requirement that in the case of a notice of termination served because the landlord intends to sell the premises that the notice of termination be accompanied by a statement setting out the particulars of the intended sale - the landlord may not always have negotiated a contract for sale at the time of the service of the notice, and in most cases the contract will not yet be entered into - section 62 merely requires that the reason for the termination be identified - a notice to terminate a Part 4 tenancy the notice must comply both with the requirements of s.62 and those in s.34, and in the case of termination by reason of an intention to sell, that reason must be stated - notice of termination did not sufficiently identify the express ground on which the landlord relies, namely the ground identified in Part 3 of the Table to s.34 - determination of Tenancy Tribunal was incorrect - a notice of termination served on the grounds that the landlord intends to sell the premises must identify that the landlord’s intention is an intention in accordance with the statutory scheme, namely an intention to sell within three months of the termination of the tenancy - appeal allowed.