Mr. Paul Lemass:

It might only be resolved at dispute stage once the notice of termination is issued. It should be remembered that a declaration from a landlord to a tenant andvice versain and of itself does not terminate a tenancy.

That simply tries to avail of protections, and then it disapplies that attempt because the landlord is in hardship or whatever it may be. Separately, the landlord will then have to go through a process to terminate the tenancy, and as part of that process, the tenant could legitimately put their hand up and seek to raise a dispute, claiming that despite a declaration being made which was countered by the landlord, they do not believe that the landlord meets the requirements for his or her half of the declaration.