Termination of Tenancies

Table of Contents

Letting Agreement

While there is a letting agreement in place for a fixed period, then both the landlord and tenant are bound by its terms, except in so far as it reduces the mandatory rights and obligations of landlord and tenant. If the letting is for a particular period or “term”, then both the landlord and tenant will be bound by this commitment.

Therefore from the landlord’s perspective, the letting may not be terminated during the term, unless the tenant has breached its terms and conditions. Where this occurs, the landlord cannot simply forcibly take the property back. He must follow the procedure in the Residential Tenancies Act and refer the matter to the RTB if possession is not voluntarily given.

The Act prohibits the parties to a tenancy from entering into a contract that varies, modifies or restricts the provisions in relation to termination (or other rights), unless to give the tenant greater security of tenure.

The tenant can terminate the tenancy by giving the required notice at any time for any reason, unless he has agreed to a longer term under an agreement or lease.

Limits on Landlord Termination

Unless there is a written letting agreement or lease providing for a longer term and greater tenant rights, then the rights to terminate the tenancy are those as set out in the Residential Tenancies Act. The tenant may have greater rights under such a letting agreement or lease but may not have less rights than those granted by the legislation.

In the first six months of the letting and before the first six months of each subsequent six year cycle (four year cycle for tenancies commencing before the 2016 law change), the landlord can terminate the tenancy by giving sufficient notice, without having to specify one of the below mentioned “good reasons”.

Apart from these occasions, a landlord may terminate a tenancy only on one of the permitted grounds. A protected “Part4” tenancy generally arises after six months and lasts until the sixth year (fourth years for pre-2016 Act tenancies). If it is not terminated by notice given before that time a further protected period of six (or four) years applies.

See the section on Security of Tenure in respect of tenancies of indefinite duration. The 2021 legislation has in effect provided that over the six year period from June 2023 to June 2029, all Part 4 tenancies will become tenancies of indefinite duration. They may only be terminated on one of the valid grounds for termination, and will no longer enjoy the four or six yearly right to terminate without there being a valid reason.

The required minimum period of notice of termination must be given. One of the relevant grounds for termination must be set out. Various other information certificates and declarations are required with the various grounds.

Damages for Breach

A tenant may bring a complaint to the Board that he/she was unjustly deprived of possession where

his/her tenancy was terminated on the basis of one of the grounds listed (relating to a landlord’s intentions) and
the ground turned out to be false or did not apply,
or an offer of re-instatement required to be made was not so made.

The Board may, if appropriate, award damages in such cases.

Notice of Termination of Tenancy

Termination of a tenancy is only permitted in accordance with the legislation. The older methods of termination were abolished. It is an offence to purport to serve an invalid notice of termination and then act in reliance on it in a way that adversely affects the interests of the person on whom it was served. It is possible to agree longer periods of notice, but not to agree shorter periods.

The notice to terminate a tenancy must be in writing in the prescribed form and must contain certain information, including the right to refer a dispute to the Residential Tenancies Board.It must specify the termination date being the date of termination of the tenancy on or before which the tenant must vacate the dwelling and deliver possession.

The standard notice period ranged from four weeks to terminate a tenancy which has lasted less than six months to thirty two weeks depending on the length of time the tenancy has lasted and other circumstances until. These periods where lengthened significantly in 2022. The periods range from 90 days for a tenancy less than six months to 224 days for a tenancy over eight years.

Termination by Landlord

less than 6 months;90 days
Not less than 6 months but less than one year;152 days
Not less than one 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

The periods are to be reviews by mid 2025.

Notice to Board

Where a landlord serves notice of termination that cites any of the relevant grounds, the landlord must give a copy of the notice of termination to the Board on the same day. Breach invalidates the notice. The period was formerly 28 days after the expiration of the period of notice given.

The Board is to notify the tenant in writing of his/her entitlements to refer a matter to it for resolution. It is to give the tenant details in relation to certain advisory services and request the tenant to consent to the Board assisting in obtaining such advice.

The board is to assist the tenant in obtaining advice if the tenant consents. The adjudicator and they Tenancy Tribunal on appeal hearing a dispute is to have regard to any advice referred to above, when making its determination.

Contact Details & Board

The Board shall—

invite the tenant concerned, to confirm or provide, as appropriate, his or her contact details in writing to the Board, and
request the consent of the tenant to the provision of his or her contact details by the Board to the landlord upon request.

Where a landlord is required to make an offer but cannot contact the tenant concerned despite having made reasonable inquiry to ascertain the tenant’s current contact details, he or she shall, for the purpose of making that offer, make a request in writing to the Board seeking the contact details of the tenant.
Where a landlord makes a request the Board shall—

(a) where the tenant concerned has provided his or her contact details and consent , provide the contact details of the tenant to the landlord as soon as practicable on or after the date of the request, or

(b) where the tenant concerned has not provided his or her contact details or consent notify the tenant that request has been received, and unless the tenant provides his or her contact details and consent to the Board within a period of 7 days after the date of the notice, the landlord shall not be required to make an offer.

Where the contact details of a tenant cannot be ascertained by reasonable inquiry by a landlord or by the Board the landlord shall not be required to make an offer

Breach Basis

Shorter periods apply where the breach is due to tenant’s (or landlord’s) failure to comply with obligations. In the case of serious antisocial behavior or behavior threatening the property, the required notice is 7 days.

In the case of other breaches, the period of notice is 28 days. An opportunity to remediate the breach must first be given. Termination for non-payment of rent notice also requires 14 days’ prior warning before notice is served.

A shorter period of notice can be agreed, but only if both landlord and tenant agree after the notice to terminate is given.

Prior Warning Rent

Where the tenant has failed to comply with payment obligations ( to pay rent, charges , deposit or other sums payable) under the letting agreement or tenancy, the tenant is to be given notification in such form as may be specified by the Board in writing. The notice must also be sent to the Board on the same day. Failure to do so invalidates the notice.

The notice by the landlord is to specify that such amount of rent as is specified is to be been paid paid to the landlord within 28 days following the the later of the receipt of the notice by the Board or the tenant.

Prior Warning; Other Breach

Where the tenant has failed to comply with any of his or her obligations (other than the payment obligations ) under the letting agreement of the tenancy, a prior warning is required, unless the breach is based on an excepted basis for termination (ant-social behaviour etc).The notice on this ground must also be sent to the Board on the same day. Failure to do so invalidates the notice.

The tenant is to be notified of the breach / non-compliance. The notice is to states that the landlord is entitled to terminate the tenancy if the failure is not remedied within a reasonable time specified in it. The tenancy may be terminated if the tenant does not remedy the failure within that specified time.

Stopping New Cycle

After the initial six-month of a letting, a so called “Part 4 tenancy” on the terms which are prescribed by the Act comes into force. After the initial six / four-year period, a further six year cycle (four for tenancies commencing before the 2016 law change) period may come into force.

The legislation originally provided that the landlord could end a further Part 4 tenancy at any time during the first 6 months without having to give a valid reason. This rule changed from 17 January 2017 and the landlord may terminate the tenancy at the end of the six-year period, by giving the required notice, without a valid reason.

If a landlord wants to prevent a further Part 4 tenancy coming into existence, it can serve a notice during the original Part 4 tenancy, with the notice period expiring on or after the end of the tenancy. A notice served in this way must provide a reason for termination, but the reason does not need to be one of the below grounds.

To do so, a period of notice dependent on the length of the tenancy must be given. The rights are rolling and so may potentially continue for ever subject to the opportunity to terminate for no “good” reason every six (four) years.

The 2021 Act terminates this possibility over the period June 2023 to June 2029. All tenancies under the Act will become tenancies of indefinite duration. In effect, there will be one more opportunity to terminate such tenancies over that period. The possibility will not exist at all for newer tenancies.

Grounds During Protected Periods

The following are the only valid grounds for the termination of the tenancy by the landlord during the protected six (formerly four year) periods;

the tenant has failed to comply with obligations (rent or other obligations) having been given a warning in writing and the opportunity to do so;
the dwellinghouse is no longer suitable to accommodation needs of the household by reference to the number of bed spaces and occupants;
the landlord intends to enter a contract for the sale of the property within three months;
the landlord requires the dwellinghouse for himself or his family members’ occupation;
the landlord intends to refurbish substantially, and the vacant possession is required;
the landlord intends to change the use of the property

See the separate chapter on the detailed notice requirements that apply in these respective cases.

Abandonment and Transfer

A notice to terminate the tenancy is deemed to be given by a tenant who vacates a property leaving 28 or more days rent in arrears without the required notices.

The tenant can transfer or sell (the letting) his interest as tenant but only with the landlord’s consent. The tenant’s protection ceases and the assignee’s tenancy will not be protected until he has been in occupation for six months.

Slip or Omission in Notice

On the hearing of a complaint in respect of a notice of termination, an adjudicator or the Tribunal, as the case may be, may make a determination that a slip or omission which is contained in, or occurred during the service of, the notice of termination shall not of itself render the notice of termination invalid, if he or she or it, as the case may be, is satisfied that

the slip or omission concerned does not prejudice, in a material respect, the notice of termination, and
the notice of termination is otherwise in compliance with the provisions of the Act.

Remedying Defect

Where in a hearing of a complaint in relation to a notice of termination it is decided that

there is a defect in the original notice or in its service
which does not prejudice the original notice in a material respect,
and the notice is otherwise compliant

the adjudicator or Tribunal shall allowed landlord (or tenant) to remedy the defect by means of a remedial notice.

This must be done within 28 days of the determination. Where the original notice has expired the remedial notice period may be 28 days. Where it has not expired it is be the cumulative period of the original notice which remains uninspired plus 28 days.

The notice must not be a knowing contravention of the Act.

Sub-Let Properties

The following additional requirements and procedures apply where a tenancy is sub-let

The landlord of a tenancy that has been sub-let is to indicate in a notice of termination served in respect of the head tenancy whether or not he/she requires the sub-tenancy to be terminated. If the sub-tenancy is required to be terminated, the landlord must also serve a copy of the notice of termination on the sub-tenant.

A head-tenant, who is not disputing the validity of a termination notice served on him/her, is to serve a notice of termination on the sub-tenant within 28 days.

A head-tenant, who has received a notice of termination indicating that termination of the sub-tenancy is not required, to notify the sub-tenant within 28 days of the contents of the termination notice and, where the head-tenant is referring a dispute as to the validity of that notice to the Board, of that referral.

Where a dispute referral results in a determination order of the Board, the head-tenant must notify the sub-tenant of the particulars of the order within 14 days of receipt.

Rent During Dispute

Where a matter has been referred to the Residential Tenancies Board and pending determination of the dispute, a tenant or sub-tenant has failed to comply with the obligation to continue to pay rent, the the landlord may refer a further complaint on the basis of failure to pay the rent. Similarly, a head tenant may refer a complaint if the subtenant has not paid rent.

When determining the dispute above, the adjudicator or the Tribunal shall have regard to the original dispute and may give directions for the purpose of interim relief. They / it may hear both disputes together or for the original dispute and the dispute regarding rent to be heard concurrently.