To end a tenancy, a valid Notice of Termination must be sent to the tenant.
What is a valid Notice of Termination?
To be valid the notice must:
- Be copied to the RTB at the same time as it is served on the tenant.
- Be in writing
- Be signed by the landlord or authorised agent
- Give the date the notice is served. This is the date the notice is posted, or hand delivered.
- State the grounds for ending the tenancy (if the tenancy has lasted for more than 6 months or is a fixed term tenancy). If a tenancy lasts 6 months or more, the landlord must use one of the 7 permitted grounds to end the tenancy
- Give the date by which the tenant must leave the property and state that the tenant has the full 24 hours to leave the property. To find out the correct number of days or 'notice period' to give click here
- State that any issue as to the validity of the notice or the right of the landlord to serve it must be referred to the RTB within the time period permitted.
From 6 July 2022, if a tenant has an issue with the validity of the Notice of Termination they have received, a tenant now has 90-days (from the receipt of the notice) to apply for dispute resolution with the RTB. This was increased from 28-days.
This does not apply to Notices of Termination served for breach of tenant obligations or rent arrears. Where a breach has occurred, the time period to apply for Dispute Resolution with the RTB is 28-days.
Notice of Termination Return Form
From 6 July 2022, there is a new requirement for the landlord to send a copy of all Notices of Termination to the RTB on the same day as the notice is served on the tenant. The Notice of Termination will be deemed invalid if this requirement is not met.
A landlord serving a Notice of Termination is asked to complete a Notice of Termination Return Form and attach a copy of the notice in question. All Notices of Termination, including Notices of Termination served where the tenancy has lasted less than six months, must be copied to the RTB. These documents must be sent to the Residential Tenancies Board on the same day as the notice is served on the tenant. Landlords should retain copies and proof of postage for their records.
Did you sign a fixed term lease?
In a fixed term lease, a Notice of Termination can be served for the following 3 reasons:
- There is a break clause in the lease agreement.
- Both parties agree to terminating the tenancy.
- The tenant breached their obligations and has been given reasonable time to rectify the breach, then 28-days notice is required.
The powers of the RTB to direct a tenant to vacate a property
Regardless of the circumstances of a case, a RTB adjudicator or Tribunal can only order a tenant to vacate a rented dwelling on the expiration of a valid Notice of Termination, which is fully in compliance with the Residential Tenancies Act 2004.
Process for ending a tenancy for rent arrears
Where a tenant has fallen in to rent arrears, landlords must follow the 6 step rent arrears process, which outlined under the headings below.
A landlord must asend a copy of the rent arrears Notice of Termination to the RTB on the same day they serve it on their tenant. The Notice of Termination will be deemed invalid if this requirement is not met.
Where a tenant has fallen into rent arrears, they should contact their landlord to see if the issue can be resolved or a mutually satisfactory agreement can be reached.
Please see further information and examples of agreement templates to aid tenants and landlords in reaching their own payment plans here.
If it is not possible to resolve the issue of arrears, the landlord can proceed to serve a written rent arrears warning notice to give the tenant a minimum of 28 days to pay the rent arrears.
A landlord must serve a written rent arrears warning notice; an email or text message will not suffice. The warning notice must set out the full amount of rent arrears owed by the tenant and explain that failure to pay 100% of the rent owed within the time provided will result in a Notice of Termination being served.
The RTB has a sample warning notice for rent arrears to support landlords which can be found here. The RTB would strongly encourage that you use this notice.
Landlords must provide a copy of the 28-day written rent arrears warning notice that was served on the tenant to the RTB. The 28-day period will count from the date the RTB or tenant receives the warning notice - whichever is later - so landlords are encouraged to send both notices at the same time. .
Please note that failure to submit a copy of the warning notice to the RTB will invalidate any related Notice of Termination.
The RTB will write to the landlord acknowledging receipt of the written rent arrears warning notice and will provide information on the new landlord rights.
The RTB will also write to the tenant confirming that the RTB received a copy of the written rent arrears warning notice that was served on them. In writing to the tenant, the RTB will provide information as will enable the tenant to obtain advice from MABS and will also ask the tenant to give his or her consent to refer the tenant to MAB’s.
Where a tenant grants consent to the RTB, the RTB will assist the tenant in obtaining MABS advice. Tenants are not obliged to complete this step, but engagement with MABS is recommended. It is hoped that the majority of tenancy arrears situations will be resolved at this stage in the process.
If the landlord has followed step 1-3 and the tenant has not re-paid the rent arrears in full within the 28 days, the landlord can proceed to serve a 28-day Notice of Termination. They can serve this once the 28-day warning notice has expired. None of the above protections apply if the tenant has breached their responsibilities.
A landlord must also send a copy of the Notice of Termination they have served on their tenant for rent arrears to the RTB (by email to rentarrears@rtb.ie or by post) on the same day they serve it on their tenant. Please note that if the landlord does not send the copy of the Notice of Termination to both the tenant and RTB, the Notice of Termination will be invalid.
Sample Notice of Termination for rent arrears can be found here.
Please note if you were availing of protections under the PDRTA they expired on the 13th January. Find out what that means for you here
Upon receipt of the Notice of Termination for rent arrears, the RTB shall notify the tenant in writing of his or her right to refer a tenancy termination dispute to the RTB for resolution within 28 days of receipt of the Notice of Termination. Tenants will also be reminded of their rights and responsibilities under the Residential Tenancies Act 2004, as amended regarding rental payments.
Tenants should ensure to keep copies of notices received.
What happens if a landlord does not contact the tenant to offer the property back where they were required to do so?
Tenants can apply for Dispute Resolution with the RTB if their previous rented accommodation is now re-let and not offered back as outlined above. A landlord could face damages of up to €20,000 to a tenant for breaches of their obligations or depriving him/her of the rented property A determination could also be made that the tenant be allowed to resume possession of the property.
The RTB can investigate and sanction landlords for failure to offer a tenant their tenancy back when required. The sanctions that may be imposed are a caution, a fine of up to €15,000 and costs of up to €15,000.