Ending A Tenancy – Termination Notices

Updated January 2023

When Can You End A Tenancy?

In the first 6 months

If a tenancy has lasted less than 6 months, the landlord can end the tenancy and does not have to give a ground as to why the tenancy is ending.

End of a Part 4 

If the tenancy was created before 10 June 2022, at the end of these 6 years, a landlord can end the tenancy without giving a reason, as allowed under the old rules.  If the landlord does not end the tenancy at this stage, it automatically becomes a tenancy of unlimited duration and has no end date.

If the tenancy was created after 10 June 2022, it is a tenancy of unlimited duration and the right to terminate at the end of the part 4 no longer applies.

Other grounds in which Landlords can end a tenancy.

1. 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).

 

2. 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. In this case, a statement as to why it is no longer suitable for the needs of the tenant must also be given with the notice of termination. The statement must also specify the bed spaces in the dwelling.

 

3. 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. In this case, a statutory declaration providing ‘specific details’ must be included in the notice of termination or given with the notice of termination stating this. (This does not apply to Approved Housing Bodies).

*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.

Landlords must offer the property back to the tenant that vacated on foot of a valid notice of termination if the property becomes available to rent again. From the 4th June 2019, the time period that a landlord must offer the property back to the tenant has extended from 6 months to 12 months from the expiry of the notice period.

4. 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. If this happens, a statutory declaration must also be given with the notice of termination confirming the landlord’s intention to sell.

From June 4th 2019, there is an obligation on landlords to offer the property back to the tenant within 12 months from the expiry of the notice period if the property becomes available for rent again.

 

5. 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.

All landlords must state:

if planning permission is required,
the name of the contractor (if any),
the dates on which the intended works are to be carried out,
the proposed duration of the works.
Notices of termination must also contain or be accompanied by a certificate in writing of a registered professional (within the meaning of the Building Control Act 2007) stating that:

The proposed refurbishment or renovation works would pose a threat to the health and safety of the occupants of the dwelling concerned and should not proceed while the dwelling is occupied, and; Such a risk is likely to exist for such period as is specified in the certificate which shall not be less than 3 weeks.

 

 Valid Notices?

  • Valid notices must be sent to your tenant
  • Be in writing
  • Be signed by the landlord or authorised agent
  • Give the date the notice is sent
  • State the grounds for ending the tenancy (if the tenancy has lasted for more than 6 months or is a fixed term tenancy).

Termination Notices are provided on the RTB Website – please contact us if you have any difficulty.

* take note of the date of publication of this piece. Information on this website may change with the passing of time and the law is constantly changing. Whilst we take steps to ensure the accuracy of the information, we cannot guarantee this. Clarification should always be sought.  
Categories: First Time Landlord, Property Management, and Supporting Documents For Landlords.