Security of Tenure
Security of tenure is provided for in law. Since 11 June 2022, Tenancies of Unlimited Duration were introduced into law providing more security of tenure for tenants.
Tenancies commencing on or after 11 June 2022
Tenancies created on or after 11 June 2022, will become a Tenancy of Unlimited Duration, as long as a valid Notice of Termination has not been served by either tenant or landlord. This means that after 6 months living in a tenancy, the tenant will have a right to remain in the property for an unlimited duration. Tenancies that existed prior to 11 June 2022 will convert to Tenancies of Unlimited Duration at the end of the current 6-year cycle.
A landlord still has the right to end a Tenancy of Unlimited Duration under the specific reasons for ending a tenancy as set out in the Residential Tenancies Act.
Tenancies commencing after the 24 December 2016
For tenancies that began after 24 December 2016, after 6-months probationary period of the tenancy, the tenant secures the right to remain in the property for a further five and a half years and the tenancy is referred to as a 'Part 4’ tenancy.' Tenancies that existed prior to 11 June 2022 will convert to Tenancies of Unlimited Duration at the end of the current 6-year cycle.
Tenancies commencing before 24 December 2016
For tenancies that began before 24 December 2016, after the first 6-month probationary period of the tenancy, the tenant secures the right to remain in the property for a further three and a half years and the tenancy is referred to as a ‘Part 4’ tenancy. These tenancies are no longer in existence as of 24 December 2016 the length of a ‘Part 4’ tenancy changed to six years.
Further Part 4 tenancies
A ‘further Part 4’ tenancy begins once the initial ‘Part 4’ tenancy’ has finished. From the 24 December 2016, when a ‘further Part 4’ tenancy’ commences, it lasts for 6 years for all tenancies. Following the introduction of Tenancies of Unlimited Duration tenancies will be ‘Part 4’ of unlimited duration.
This also applies to tenants in Approved Housing Bodies.
Fixed term tenancies
A fixed term tenancy is a tenancy that lasts for a specific amount of time. A ‘Part 4’ tenancy runs alongside a fixed term tenancy, which means the tenant shall, after a period of 6 months living in a tenancy, become entitled to the provisions of a ‘Part 4’ tenancy (see above).
This means that irrespective of the length of the fixed term lease, a tenant has an entitlement to remain in the dwelling for the duration of the ‘Part 4’ tenancy and the landlord can only terminate the tenancy on limited grounds.
The reasons which a landlord can end a tenancy are provided below.
For tenancies that began prior to 11 June 2022, a landlord may serve a Notice of Termination during the ‘Part 4’ tenancy with the notice period given to the tenant expiring on or after the end of the tenancy. A notice served in this way should provide a reason for termination, but the reason does not need to be one of the reasons set out below. In this circumstance the Notice of Termination is served prior to the end of the six years and the notice period must expire on or after then end of the ‘further Part 4’ tenancy.
1. The tenant has failed to comply with the obligations of the tenancy (having first been notified, in writing, of the failure, and given an opportunity to remedy it.)
1A. The tenant has not paid their rent (Legislation was introduced on 1st August 2020 which brought in new procedures related to ending a tenancy due to rent arrears. For more information, please click here.)
2. The landlord intends to sell the dwelling within the next 3 months
3. The dwelling is no longer suited to the needs of the occupying household
4. The landlord requires the dwelling for own or family member occupation
5. Vacant possession is required for substantial refurbishment of the dwelling
6. The landlord intends to change the use of the dwelling
More Information regarding Notices of Termination can be found here.
Tenant is residing in the tenancy for duration of 4 years on 1 January 2017. From this date, it is considered a new tenancy and called a ‘further Part 4’ tenancy. As this is a new tenancy, after the 6 months probationary timeline, the tenant becomes entitled to remain in that tenancy for a total of 6 years, unless a landlord wishes to terminate the tenancy for the above listed grounds. This ‘further Part 4’ tenancy will expire on 31 December 2022, at which point it will move to a Tenancy of Unlimited Duration if it is continuing.