Under the Residential Tenancies Act once a tenant is in your property for more than 6 months, they acquire a Part 4 tenancy.
A Part 4 tenancy is either a 4-year cycle or a 6-year cycle dependant on when the tenancy commenced.
- If the tenancy started on or before 24 December 2016, this is a 4-year cycle.
- If the tenancy started after 24 December 2016, this is a 6-year cycle.
Once the tenant is in your property 6 months, a Part 4 tenancy entitles the tenant to remain in your property for a further 3.5 years in the case of a 4-year cycle or 5.5 years in the case of a 6-year cycle. (The exception to this is if you are terminating under one of the grounds listed below – section 34 of the Residential Tenancies Act)
This right is separate to any lease agreement, even if your tenant has signed a one-year lease agreement – once they are there over 6 months and no valid notice of termination has been served, they have acquired Part 4 rights.
Ending a Part 4 Tenancy
If you do not serve notice to terminate a Part 4 tenancy before the Part 4 comes to an end, the tenancy will automatically roll into a further Part 4 tenancy cycle and the tenant will assume a further 6 year right to the property.
Landlords can end a tenancy at the end of a Part 4 and do not have to give a ground as to why the tenancy is ending, other than requiring the property back.
Click HERE for Termination Notice End of Part 4
Other grounds in which Landlords can end a Part 4 tenancy (Section 34, Residential Tenancies Act).
- The tenant has breached their responsibilities
The tenant has not complied with their responsibilities; despite being notified of this in writing by the landlord and being given reasonable time to remedy the matter(s).
- The property is not suited to the tenant’s needs
The property is no longer suits the needs of the tenant, for example, it may be too small. spaces in the dwelling.
- The landlord requires the property for personal or family use*
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.
- The landlord wants to sell the property
The tenancy can be ended if the landlord intends to sell the property within nine months of the termination date.
- Significant refurbishment of the property
A tenancy can be terminated where the landlord intends to carry out substantial refurbishment of the property. From 4th June 2019, there are additional criteria which a landlord must satisfy and provide when issuing a notice of termination using this reason.