Notice Requirements

Table of Contents

Termination Notice

Residential termination notices are highly technical. The grounds must be specifically set out in the termination notice. Special additional requirements apply in respect of most of the grounds. The legislation has been amended numerous times. The RTB website should be checked for current requirements.

If the termination is by reason of tenant’s breach, the tenant must first be notified and given time to correct the problem. He must remediate the breach within a reasonable time period. There are exceptions to the notice requirements in the case of antisocial behaviour.

In some cases prior notices must be given to the RTB and they furnish information other tenants. Returns are required to the RTB which may require a further notice.

In the case of terminations based on certain grounds, such as the the accommodation of the tenant, a proposed sale and the landlord requiring the property for himself or his family, the notice must be accompanied by a statutory declaration in the respective terms provided for.

In the case of the certain grounds of termination, the landlords must reoffer the property to the tenant when the property subsequently becomes available, provided that the tenant keeps the landlord appraised of his contact details. In these cases, the notice must be accompanied by a statement notifying the tenant that he/she may exercise an option to be offered reinstatement should the property become available for re-letting after the refurbishment work or within 6 months of the change of use or occupation by the landlord or a family member (including a civil partner). This entitlement would apply only where the tenant keeps the landlord notified of his/her contact details.

In the case of certain grounds (including the sale, refurbishment, family and other reuse grounds) the tenant can complain to the Board if the intention is not implemented in the relevant time on the basis that he has been unfairly deprived of the tenancy. The Board can award compensation or reinstate the tenant. There are also powers of investigation and sanction which the RTB may exercise for breach.

Notice Remediation Breach

“Remedy the failure” means in the case of a failure that does not result in financial loss or damage to the landlord or his or her property, to desist from the conduct that constitutes the failure or, if the failure consists of an omission to comply with an obligation, comply with that obligation.

In the case of a failure that does result in financial loss or damage to the landlord or his or her property, it means

to pay adequate compensation to the landlord (or, if the failure consists of the non-payment of rent, pay the arrears of rent) or repair the damage fully, and
unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be.

Anti-Social Behaviour

Behave in a way that is anti-social” means—

engage in behaviour that constitutes the commission of an offence, being an offence the commission of which is reasonably likely to affect directly the well-being or welfare of others,
engage in behaviour that causes or could cause fear, danger, injury, damage or loss to any person living, working or otherwise lawfully in the dwelling concerned or its vicinity and, without prejudice to the generality of the foregoing, includes violence, intimidation, coercion, harassment or obstruction of, or threats to, any such person, or
engage, persistently, in behaviour that prevents or interferes with the peaceful occupation by any other person residing in the dwelling concerned, of that dwelling, by any person residing in any other dwelling contained in the property containing the dwelling concerned, of that other dwelling, or ) by any person residing in a dwelling (“neighbourhood dwelling”) in the vicinity of the dwelling or the property containing the dwelling concerned, of that neighbourhood dwelling.

Multiple Sale Exception

Where a landlord proposes to sell 10 or more units within a single multiunit development, within a six month period, the tenancies may not be terminated on this grounds of intended sale. Therefore, the sale will be subject to the existing tenants remaining in situ, other than in exceptional circumstances. This requirement applies to all tenancies, including tenancies that were created before the 2016 Act came into force.

A ‘development’ includes all multi-unit residential developments, including housing estates, apartment blocks and mixed use developments. The period is any period of 6 months between the offering for sale of the 1st dwelling the subject of a tenancy and ending with the offering for sale if the last dwelling the subject of a tenancy.

This exception does not apply where the landlord can show to the Board that sale price with the tenancies in place would more than 20 per cent below the market value that could be obtained for the dwelling with vacant possession, and that having regard to all the circumstances of that case, it would be unduly onerous on, or would cause undue hardship to the landlord.

Notice Sale

Where there there is a termination based on a sale, a statutory declaration is to accompany the notice of termination which is to include a declaration that the landlord intends within 9 months to enter an enforceable agreement to transfer to another for full consideration whole of his interest in the dwelling or the property containing the dwelling. That is if must be a market a sale of the property, retaining no interest of any kind in it. The declaration is also to confirm that the landlord is required to re-offer the tenancy to the tenant with contact details if the agreement is not entered.

Where the exceptions to the multi unit sale prohibition on termination ground is invoked, there are additional declarations that must be included in the statutory declaration. In this case it must be declared that the sale price with the tenancy in place would more than 20 per cent below the market value that could be obtained for the dwelling with vacant possession, and that having regard to all the circumstances of that case, it would be unduly onerous on, or would cause undue hardship to the landlord.

Notice Contact Details

The reference to the contact details requirement being complied with is a reference to the following requirement being complied with, namely, a requirement (which shall be specified in the statement concerned) that the former tenant notify in writing the landlord within 28 days from the service of the notice of termination concerned, or, if a dispute as to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, of the means by which he or she can be contacted by the landlord so that the offer concerned can be made to him or her, and as soon as practicable after any such change occurs, of any change in the means (as so notified) by which the former tenant can be contacted for that purpose.

Where a tenancy is being terminated by all of the multiple tenants, one of the tenants may sign on behalf of the others named in the notice.

Notice Family Occupation

If 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 is to contain or be accompanied by a statutory declaration specifying the intended occupant’s identity. If it is not the landlord, it is to state his or her relationship to the landlord, and the expected duration of that occupation.

It is to specify 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 by the tenant if

the dwelling is vacated by the person 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 is referred to the Board for resolution, the final determination of the dispute, and
the tenancy to which the notice relates has not otherwise been validly terminated by virtue of certain specified grounds

Landlord’s family means a spouse civil partner, child, stepchild, foster child, grandchild, parent, grandparent, step parent, parent-in-law, brother, sister, nephew or niece of the landlord or a person adopted by the landlord under the Adoption Acts.

Notice Not Suitable

A statement is to accompany the notice of termination where the dwelling house is no longer suitable to the accommodation needs of the tenant and persons residing with him, having regard to the number of bed spaces and size and the composition of the occupying house hold

It must specify the bed spaces and the grounds on which it is no longer suitable, having regard to the bed spaces and the size and composition.

Notice Issues Refurbishment

In a case based on refurbishment or renovation of 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 below further notice 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 within the period of 6 months from the 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 for resolution, the final determination of the dispute, and the tenancy to which the notice related had not otherwise been validly terminated.

The notice of termination or the statement must be accompanied by a copy of the planning permission required for the carrying out of the refurbishment or renovation of the dwelling concerned, and specify, where planning permission is not required, a statement to this effect, and the name of the contractor, if any, employed to carry out the intended 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.

The the notice of termination is contains or be s 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 risk to the health or 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,.

Notice Issues Change of Use

Where the ground of termination is that 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) the notice of termination (the “notice”) is to contains 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 6 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 the final determination of the dispute, and
- the tenancy to which the notice related had not otherwise been validly terminated.

The notice of termination in respect of a termination shall be accompanied by a copy of the planning permission required for the carrying out of the change of use of the dwelling concerned.