Security of Tenure

Security of Tenure

During the first six months of a letting, a landlord can terminate the letting for any reason. After the initial six-month of the letting, a so-called “Part 4 tenancy” on the terms which are prescribed by the Act comes into force.  For the remaining five and a half years of a six-year ( four years for tenancies created before 24/12/2016) cycle, termination by the landlord may be on the basis of certain limited specified “good” grounds only.

The tenant can terminate at any time on giving notice. Unlike the landlord, the tenant does not have to have a good or any reason in order to terminate. If the landlord and the tenant agree on a longer term, this will be binding on both landlord and tenant. Neither can terminate without being in breach of contract.

After the initial six-year period, a further six-year period may come into force. Notice can be given to terminate the tenancy by giving the required notice to termination before this new period begins, without the requirement to rely on the specified limited and “good” grounds for termination.

The Act does not take from a tenant more beneficial rights that he may have (for example, under a letting agreement/ lease).

Terms of the Rights

The 6-year statutory protection comes into existence when the tenancy has lasted 6 months from its commencement or from the Act coming into force and for its lasting six years in total (or until a notice period bringing it beyond the six years has expired), unless terminated in accordance with the Act (four years for tenancies created before 24/12/2016)

The terms of the previous tenancy of which it is a continuation, continue unless varied by agreement between the parties or inconsistent with the Act. A series of continuous separate fixed-term tenancies are deemed continuous occupation for the purposes of qualifying for a Part 4 tenancy.

It is prohibited to sub-let part only of a dwelling. A sub-tenant has the equivalent but modified protections contained in the Schedule to the Act. The sub-tenancy shall (if it would not or might not do so otherwise) continue in being for so long as the Part 4 tenancy continues in being unless it is sooner terminated.

Tenancies of Unlimited Duration

The Residential Tenancies (Amendment) Act 2021  provided for enhanced tenancy protections on the basis that after 6 months’ duration, a ‘Part 4 tenancy’ is established for an unlimited duration and not subject to expiry at the end of a 6-year term, should the landlord exercise his or her right to terminate the tenancy as formerly provided.

The provision applies to new tenancies commencing 6 or more months after the passing of the 2021 Act; 11th June 2022.   As existing Part 4/further Part 4 tenancies terminate/expire over time or are renewed, a new tenancy of unlimited duration is created in respect of any such dwelling, should it remain in the rental sector.

By 11th June 2028,  all residential tenancies will have converted to being of unlimited duration. In the interim, t a landlord may grant his or her consent to any existing tenancy being treated as a tenancy of unlimited duration.

The duration of tenancy under any tenancy of unlimited duration and under any preceding Part 4 tenancy and/or further Part 4 tenancy would be treated as one tenancy in calculating any termination notice period to be given.

Exempt Properties

The security rights do not apply to certain types of tenancies. These exclusions are in addition to exclusions by which the whole legislation is excluded.

The exclusion from the right of renewal apply

• a single dwelling has been divided into two units where the landlord resides in the other unit and the landlord so opts by written notice  at the outset.
• certain tax break assisted student accommodation
• employment-related lettings.

The death of the tenant terminates the tenancy unless a family member who resided with the tenant opts to become the tenant.

Social House Exemption

The provisions of the Act in relation to security of tenure do not apply where a dwelling is designated as a transitional dwelling, and the consent of the housing authority which is, either landlord or provides assistance, has been obtained to this designation. A transitional dwelling is a dwelling that an approved housing authority leases for periods not exceeding 18 months for its purposes.

Where, before the commencement of the legislation, a designation had not been made,  the property could be so designated at any time within 12 months of the commencement of the legislation. The Department was to be notified of the designation.

In the case of a tenancy by a public authority, the provisions in the Residential Tenancies Act in relation to succession to tenancies on death, apply to members of the household only.

Assignment and Death

A Part 4 tenancy may be assigned with the landlord’s consent. Where it is assigned to a person who is not a sub-tenant of the dwelling concerned, the tenancy is converted into a periodic tenancy, the assignor’s Part 4 protection ceases and the assignee’s tenancy will not become a Part 4 tenancy until the assignee has been in occupation for 6 months.

Where it is assigned to a sub-tenant of the dwelling, the assignor’s Part 4 protection ceases, the assignee’s sub-tenancy merges with the Part 4 tenancy and the assignee continues to have the benefit of the Part 4 tenancy for the remainder of the 6 years, subject to the same terms and conditions unless varied by agreement.

A Part 4 tenancy is terminated on the death of the tenant. The tenancy is not terminated where a family member who resided with the dead tenant opts to become the tenant.

Successive Part 4 Tenancies

Anew tenancy comes into being on the expiry of the 6-year period unless a termination notice has been validly served. This tenancy is termed a ‘‘further Part 4 tenancy’’ and lasts for 6 years unless terminated by the tenant or by the landlord in the first 6 months or on one of the valid grounds listed. The period is four years for tenancies created before 24/12/2016.

Further successive  Part 4 tenancies may arise. The  rights to further Part 4 tenancies are of a rolling nature, and will arise if not previously terminated in accordance with the Act.  This further Part 4 tenancy also lasts for 6 years unless terminated by the tenant or by the landlord on one of the valid grounds listed. It may be terminated without reliance on a valid ground at the end of the six-year period, subject to giving notice.

Multi-Tenant Properties

The Part 4 rights apply to tenants and licensees of properties units in multiple occupation from the earliest date that the multiple tenant has been in possession for six months.  Each multiple unit tenant benefits from the protection once his occupation has lasted a continuous six-month period. Multiple occupation means that there are two or more tenants or licensees in occupation.

A licensee is a person who occupies property but does not have a right of exclusive occupation.   A licensee of a multiple occupied property may request  to be allowed to be tenant and landlord may not unreasonably refuse consent.

A breach by one multiple tenant is not generally a ground for termination of other multiple tenants’ letting.  This is provided that other tenant provides information and an explanation which shows that the breach was not with their consent. If the multiple tenant refuses to identify who committed the breach, the landlord may conclude that all tenants were complicit and may terminate all multiple tenants’ lettings on the basis of the breach

Multi-Tenant Properties Issues

‘‘Multiple tenants’’ are  2 or more persons who are tenants of a single dwelling. The  6-year security of tenure measure applies to a dwelling occupied by multiple tenants, together with any of their lawful licensees, from the earliest date at which a multiple tenant has been in occupation for 6 months.

Once a Part 4 tenancy has come into being, each multiple tenant in occupation before then and any person accepted by the landlord as tenant after that benefits from the protection of that Part 4 tenancy once their occupation (whether as tenant or licensee) has lasted a continuous period of 6 months.

Any lawful licensee of a tenant or multiple tenants may, during the existence of a Part 4 tenancy, request to be allowed to become a tenant and the landlord may not unreasonably refuse such a request — acceptance is to be acknowledged in writing. The rights, restrictions and obligations of a tenant will then apply to the former licensee, except that the Part 4 protection will not apply until the former licensee has completed 6 months of continuous occupation.

Multi-Tenant & Breaches

The actions of one multiple tenant in breach of the obligations applying to the tenancy will be grounds for the termination of the Part 4 tenancy only if done with the consent of the other multiple tenants. A landlord may conclude that the breach was done with the consent of any tenant who does not assist the landlord in identifying the tenant responsible for the breach and any tenant who consented to it.

If the landlord concludes that not all of the tenants were complicit in the breach, he/she may terminate the benefit of the protection of the Part 4 tenancy for the relevant person/s only. A dispute in relation to this matter may be determined under the dispute resolution procedures in Part 6.

The death or vacating of the dwelling by the person whose occupation gave rise to the Part 4 tenancy does not deprive the other tenants of the benefit of that protection.  The later qualification for the benefit of the protection of a Part 4 tenancy as provided does not  have the effect of bringing separate Part 4 tenancies into existence in respect of the one dwelling.

Subtenants

If a sub-tenancy is created out of a Part 4 tenancy with the written consent of the landlord then the following protection applies for the benefit of the sub-tenant. That sub-tenancy shall (if it would not or might not do so otherwise) continue in being for so long as the Part 4 tenancy continues in being unless it is sooner validly terminated.

Most of the same  protections apply in relation to the sub-tenancy as they apply in relation to a Part 4 tenancy. The landlord is  the head-tenant. The  tenant there is the sub-tenant.

For so long as the sub-tenancy continues in being the following obligations of the head-landlord shall be owed to the sub-tenant. A dispute between the head-landlord and the sub-tenant with respect to compliance by the head-landlord with either or both of those obligations may be referred  to the Board for resolution.

Termination and Sub-tenancies

Where the head-landlord serves a notice of termination in respect of the Part 4 tenancy out of which the sub-tenancy has been created and does not include in that notice of termination a requirement to terminate the sub-tenancy, then — if the notice of termination is effective to terminate the Part 4 tenancy — on that termination—

• the sub-tenant shall become the tenant of that landlord and the sub-tenancy under which he or she held the dwelling concerned shall be deemed to be converted into that Part 4 tenancy (without prejudice to the notice’s effect as against the former head-tenant),
• the terms of that Part 4 tenancy under which he or she holds the dwelling concerned shall be those on which he or she held it under the sub-tenancy (subject to their not being inconsistent with this Act) unless he or she and that landlord agree to a variation of them,
• the period of that Part 4 tenancy’s duration shall, subject to Chapter 3 of Part 4, be the same as that which would have been its period of duration if the notice of termination mentioned in this paragraph had not been served.

 

Student Accommodation

Most of the legislation applies to student accommodation lettings during the academic term. The security of tenure provisions i.e. the rolling long-term rights of renewal, do not apply.

The protections for student accommodation lettings apply,  apply regardless of whether the unit is a self-contained residential units are not. This special extension of the protection does not affect student tenancies that would otherwise be subject to the full protection of the legislation. A student is defined by reference to being registered with an accredited institution.

The student accommodation protections apply where the property let is to situated in a building, or part of a building, used for the sole purpose of providing residential accommodation to students during academic term times.

This is the case

• whether or not the building or part of the building concerned is used for any other purpose outside of those times,
• whether or not any such students are permitted to reside there outside of those times, and
• whether or not any person other than a student resides there, provided that the purpose of the person residing there serves the first-mentioned purpose.

It does not apply to a dwelling in a building or part of a building used for such purpose where the landlord (other than a landlord who is not an individual) also resides in the building or part of the building concerned.

The Act applies to licences of student accommodation as if they were leases and tenancies. It covers a residential unit (whether or not self-contained) situated in student accommodation.