July 2022
Legislative changes to extend the required termination notice period that tenants must receive (where there has been no breach of tenant obligations) have been passed by both Houses of the Oireachtas.
The amendments were made to the Regulation of Providers of Building Works and Miscellaneous Provisions Bill 2022 which will now be sent to the President for early signature.
The proposed termination notice periods to be given by landlords where there is no breach of tenant obligations will change as follows:
Duration of Tenancy | Previous
Notice Period
|
New Notice Period
|
Less than 6 months | 28 days | 90 days
|
Not less than 6 months but less than one year | 90 days | 152 days
|
Not less than one year but less than 3 years | 120 days | 180 days
|
In addition, landlords must simultaneously copy the Residential Tenancies Board (RTB) with all Notices of Termination (NOTs) that he or she gives to a tenant. If a landlord does not simultaneously serve a NOT on the tenant and the RTB, the NOT will be invalid.
Upon receipt of a NOT, the RTB will be required to:
- write to the relevant tenant and landlord with information on their rights and obligations under the Residential Tenancies Acts 2004-2021, and on RTB services; and
- seek to ascertain the tenant’s contacts details and to pass those details onto the landlord (with the tenant’s consent), if requested by the landlord, for the purpose of making a re-let offer in cases of terminations grounded in certain circumstances (a landlord’s intention to sell; occupy (by the landlord/family member); substantially refurbish/renovate; or change the use of the rented dwelling).