Query: I rent out a one bed apartment in Dublin City Centre, the periodic tenancy commenced in October 2015. My cousin who is currently living in Australia is relocating back to Ireland and requires accommodation in Dublin for her new job. I would like her to use my apartment. Do I have grounds to terminate the existing tenancy to allow my cousin use of the property?  

Response: A landlord can only terminate under one of the 6 permitted grounds:

1. The Tenant has breached their responsibilities.
2. The property is not suited to the tenants needs.
3. The landlord requires the property for own or family use.
4. The landlord wants to sell the property.
5. The landlord wishes to significantly refurbish the property.
6. The use of the property is changing.

Under point 3 above, if the landlord or a family member intend to live in the property, the tenancy can be ended.  A member of the landlord’s family is defined as a spouse, civil partner, child, stepchild, foster child, grandchild, parent, grandparent, step parent, parent-in-law, brother, sister, nephew, niece or person adopted by the landlord under the Adoption Acts. A cousin is not considered a family member under the definition; therefore, you do not have a right to terminate the tenancy on the grounds that you require the property for personal or family use.

However, Landlords have the right to end a tenancy at the end of a Part 4/Further Part 4 tenancy.  Based on the information provided, your part 4 will come to an end in October 2019, therefore you may have a right to end the tenancy on the grounds that the part 4 is ending. In this case one must serve the notice of termination before the part 4 comes to an end. Existing tenants must be given valid and appropriate notice to vacate.

 

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