Mr. Paul Lemass:

If both have valid cases, then this part does not apply as a protection to the tenant. That is not, however, to prejudge any other protections from which the tenant might benefit through the normal notice of termination procedures, and the extended notice periods which have been provided in that regard. If a tenant and a landlord are both in difficult circumstances, however, and the landlord makes a valid declaration, that counters the protection which a tenant may have sought through this particular provision. It does not prejudice recourse to any other provision which the tenant may wish to avail of through the RTB.