Temination Issues

Table of Contents

Notice by Landlord During Part 4

The minimum notice periods in respect of termination by the landlord (in respect of the respective tenancy durations)

Since 6 July 2022

Less than 6 months – 90 days
Not less than 6 months but less than one year- 152 days
Not less than 1 year but less than 7 years – 180 days
Not less than 7 years but less than 8 years – 196 days
Not less than 8 years – 224 days

Before 6 July 2022

Less than 6 months- 28 days
6 or more months but less than 1 year- 35 days
1 year or more but less than 2 years- 42 days
2 years or more but less than 3 years- 56 days
3 years or more but less than 4 years- 84 days
4 years or more but less than 5 years- 112 days
5 years or more but less than 6 years- 140 days
6 years or more but less than 7 years- 168 days
7 years or more but less than 8 years- 196 days
8 Years or more 224 days

Notice to Board

Where, in respect of a tenancy, a landlord serves on a tenant a notice of termination that cites, as a reason for the termination, one of the specified valid grounds of termination, the landlord shall give a copy of the notice of termination to the Board and where applicable the statutory declaration and completed prescribed form on the same day as service of the notice of termination.

The landlord must also complete a Notice of Termination Return Form and attach a copy of the Notice in question. These documents must be sent to the Residential Tenancies Board within one month after the date when the tenancy termination date has expired and the tenant(s) have vacated the dwelling.

Breach Basis

Where a tenancy is being terminated by reason of the tenant failing to comply with any of its obligations, shorter periods of notice apply. Where it is being terminated by reason of the behaviour of the tenant constituting antisocial behaviour or threatening the fabric of the property or the building in which it is contained, the period is seven days.

If termination is due to failure to pay rent, the tenant and the Board must be given notice in the specified form which sets out the rent due and that it is not paid within 28 days of receipt of the notice. Similar provisions apply to other breaches of the tenancy terms. Details of the breach must be given with an opportunity to remedy it.

After the Board receives notification it shall provide the tenant with information regarding obtaining advice from certain statutory bodies and request the tenant’s consent to the board assisting it with the advice. The Board shall in those cases assist the tenant in obtaining the advice.

Notice Requirements

Notice periods commence on the day following service of the notice and the duration of a tenancy is the period between its commencement date (as defined) and the date of service of the termination notice.

A termination notice must be in writing, be signed by the person serving it, specify the date of service, the date the tenancy will terminate and the termination ground (in accordance with one of the valid grounds) (where issued by the landlord and the tenancy duration exceeds 6 months). It must also advise the recipient that any dispute as to the validity of the notice may only be referred to the Board within 28 days of its receipt.

The date to be specified in the notice as the termination date is the last day of the period of notice required to be given or such longer period as the party chooses to give. The date of service specified in the notice is not valid if any of the steps involved in serving the notice remains untaken on that specified date.

Shorter Notices by Landlord

There are shorter notice periods applicable where the termination of the tenancy by the landlord is due to the tenant’s failure to comply with the tenancy obligations.

In the case of serious anti-social behaviour falling within the definitions or behaviour that is threatening to the fabric of the dwelling or property containing the dwelling, the notice period is 7 days.

In the case of a tenancy under the statutory right of renewal the period is 28 days in respect of and following an unremedied breach where the tenant has been duly notified of the breach of the obligation and given the reasonable opportunity to remedy it.

In the case of other tenancies, the notice period is 28 days where termination is based on an unremedied breach other than for non-payment of rent. Where the grounds is the non-payment of rent, the period is 28 days, once 14 days have elapsed from the service of notice on the tenant seeking the rent due.

Shorter Notice by Tenant

There are shorter notice periods applicable where the termination of the tenancy by the tenant is due to the landlord’s failure to comply with the tenancy obligations. Where the landlord has been notified of the breach and has failed to remedy it within a reasonable time, the notice to be given by the tenant is 28 days.

Where a breach by the landlord of a tenant’s right to peaceful occupation involves behaviour that poses an imminent danger of death or serious injury or danger to the fabric of the dwelling, the notice period is 7 days.

The parties may agree to any lesser notice period that they choose but this can only be done when one party has been advised of the other party’s decision to terminate and such an agreement cannot be made when a tenancy is being entered into.

Termination by Tenant

The tenant may, at any time, terminate the Part 4 tenancy, subject to giving the required amount of notice. If a tenant who is in arrears of rent vacates the dwelling without giving the landlord the required amount of notice or if a tenant at least 28 days in arrears of rent vacates without any notice, the Part 4 tenancy is deemed to be terminated so that the landlord can recover possession.

The following applies to termination of Part 4 tenancy during its term under the 2015 Act. In the case of termination of tenancy by the tenant, the notice periods are as follows:

less than six months, 28 days;
six months to a year, 35 days;
one to two years, 42 days;
two to four years 56 days;
four to eight years 84 days;
8 plus years, 112 days.

Notifying end of Part 4 tenancy -28 days

In the case of termination of tenancies (based on expiry of the term), which enjoys Part 4 rights of renewal, a 28 day period applies, regardless of duration.

In the case of a sublet property, the notice of termination is to be served by the landlord on the subtenant.

Ground 1.Breach

The tenant has failed to comply with any of his or her obligations (with exceptions) in relation to the tenancy. Unless the failure provides an excepted basis for termination the tenant has been notified in writing of the failure by the landlord and that notification states that the landlord is entitled to terminate the tenancy if the failure is not remedied within a reasonable time specified in that notification, and the tenant does not remedy the failure within that specified time.

Ground 2.Unsuitable

The dwelling is no longer suitable to the accommodation needs of the tenant and of any persons residing with him or her having regard to the number of bed spaces contained in the dwelling and the size and composition of the occupying household and the notice of termination is accompanied by the required statement .

Ground 3. Sale

The landlord intends, within 9 months after the termination of the tenancy , to enter into an enforceable agreement for the transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling. The notice of termination is to be accompanied by a statutory declaration.

Ground 4. Family Use

The landlord requires the dwelling or the property containing the dwelling for his or her own occupation or for occupation by a member of his or her family. The notice of termination (the “notice”) must contains or be accompanied by a statutory declaration specifying the intended occupant’s identity and (if not the landlord) his or her relationship to the landlord, and ) the expected duration of that occupation,

It must state that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied the dwelling is vacated by the person referred to within the period of 12 months from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, and the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of ground 1, 2, 3 or 6

Ground 5. Refurbishment

The landlord intends to substantially refurbish or renovate the dwelling or the property containing the dwelling in a way which requires the dwelling to be vacated for that purpose (and, where planning permission is required for the carrying out of that refurbishment or renovation, that permission has been obtained) .

The notice of termination (the “notice”) is to contain or be accompanied, in writing, by a statement—

specifying the nature of the intended works,
that, in a case where planning permission has been obtained, a copy of the planning permission is attached to the notice or statement, that planning permission is not required and he or she has complied with the specified requirements
that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied—
- the dwelling becomes available for reletting by reason of the completion of the works of refurbishment or renovation, and
- the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the grounds 1, 2, 3 or 6.

Ground 6. Change of Use

The landlord intends to change the use of the dwelling or the property containing the dwelling to some other use (and, where planning permission is required for that change of use, that permission has been obtained) .

Notice of termination (the “notice”) must contain or be accompanied, in writing, by a statement

specifying the nature of the intended use, that, in a case where planning permission has been obtained, a copy of the planning permission is attached to the notice or statement,
as to whether any works are to be carried out in respect of the change of use and where such works are required to be carried out, specifying details of those works, the name of the contractor, if any, employed to carry out such works, and the dates on which the intended works are to be carried out and the proposed duration of the period in which those works are to be carried out, and
that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied—
- the dwelling becomes available for reletting within the period of 12 months from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, and
- the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 2 or 3 of this Table.