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 in writing
- Be signed by the landlord or authorised agent
- Give the date the notice is sent
- 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 the tenant has 28 days from the date they receive the notice of termination to refer the it to the RTB if they have any question about its validity or the landlords right to serve the notice to them
To view sample notices of termination click here.
Notice of Termination Return Form
Where a tenancy has lasted more than 6 months, a landlord serving a Notice of Termination must complete a Notice of Termination Return Form and attach a copy of the Notice in question. These documents must be sent to the Residential Tenancies Board within one month after the date when the tenancy termination date has expired and the tenant(s) have vacated the dwelling.
On 9 July 2021, the Government enacted the Residential Tenancies (No.2) Act 2021 which extends the provisions and protections under the PDRTA 2020 from 12th July 2021 to 12th January 2022. As such, during the period from 11th January up to and including 12th January 2022 and subject to certain conditions, a 90-day (rather than the usual 28 days) termination notice period applies, where a tenant is in rent arrears due to Covid-19 and is at risk of losing their tenancy. If you have issued a Notice of Termination but not be acted upon, we request that you do not send that Notice of Termination into the RTB. Once the tenant leaves the dwelling in the legal timeframe, then the Notice of Termination can be sent into the RTB.
Click here for more details on how the new legislation affects Ending a Tenancy and Notices of Termination
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 his or her 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.