Changes to the legislation introduced additional requirements for notices of termination using the following grounds: the landlord requires the property for personal or family use; the landlord wants to sell the property; significant refurbishment of the property; and the use of the property is changing. For more information on these changes, please see the grounds below.
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 28 days of the expiration of the tenancy termination date.
If a tenancy has lasted less than 6 months, the landlord does not have to give a ground as to why the tenancy is ending.
If a tenancy lasts 6 months or more (known as a 'Part 4' tenancy), the landlord must give a ground, as to why a tenancy is ending. By law, the grounds to end a tenancy must be one of the following:
1. The tenant has breached their responsibilities
The tenant has not complied with their responsibilities, despite being notified of this in writing by the landlord and being given reasonable time to remedy the matter(s).
1A. The tenant has not paid their rent (applies from 1st August 2020)
The tenant has not paid their rent within the minimum 28 day period afforded for payment following receipt of a written rent arrears warning notice by both the tenant and the RTB. The 28-day period commences upon receipt of the written rent arrears notice by the tenant or the RTB, whichever occurs later. Legislation was introduced on 1st August 2020 which brought in new procedures related to ending a tenancy due to rent arrears.
2. The property is not suited to the tenant’s needs
The property no longer suits the needs of the tenant, for example, it may be too small. In this case, a statement as to why it is no longer suitable for the needs of the tenant must also be given with the notice of termination. The statement must also specify the bed spaces in the dwelling.
3. The landlord requires the property for personal or family use*
If the landlord or a family member* intend to live in the property, the tenancy can be ended. In this case, a statutory declaration providing 'specific details' must be included in the notice of termination or given with the notice of termination stating this. (This does not apply to Approved Housing Bodies). These specific details are:
- The intended occupant's identity
- Their relationship to the landlord
- The expected duration of their occupation
Landlords must offer the property back to the tenant that vacated on foot of a valid notice of termination if the property becomes available to rent again. From the 4th June 2019, the time period that a landlord must offer the property back to the tenant has extended from 6 months to 12 months from the expiry of the notice period.
*A member of the landlord's family is defined as a spouse, civil partner, child, stepchild, foster child, grandchild, parent, grandparent, stepparent, parent-in-law, brother, sister, nephew, niece or person adopted by the landlord under the Adoption Acts.
4. The landlord wants to sell the property
The tenancy can be ended if the landlord intends to sell the property within nine months of the termination date. If this happens, a statutory declaration must also be given with the notice of termination confirming the landlord’s intention to sell.
There is a new restriction, in force since January 2017 (sometimes referred to as the Tyrellstown Amendment) which applies to landlords terminating tenancies who want to sell 10 or more units within a single development within 6 months. Usually, tenants will be allowed to remain in their rented dwelling during and after the sale of the property unless:
- by selling at market value the dwelling is more than 20% below the market value that could be obtained for the dwelling if there was no one living in the units; and
- to restrict the sale would be unduly difficult or would cause hardship to the landlord.
From June 4th 2019 changes to the law mean the landlord is obliged to offer the tenant an opportunity to re-let the property if they do not sell it within 9 months and once the tenant provided their contact details in writing to the landlord within 28 days of receipt of the notice of termination.
5. Significant refurbishment of the property*
A tenancy can be terminated where the landlord intends to carry out substantial refurbishment of the property. From 4th June 2019, there are additional criteria which a landlord must satisfy and provide when issuing a notice of termination using this reason.
All landlords must state:
- if planning permission is required,
- the name of the contractor (if any),
- the dates on which the intended works are to be carried out,
- the proposed duration of the works.
Notices of termination must also contain or be 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 threat to the health and 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.
From June 4th 2019, the legislation has changed to state that a landlord must offer the property back to the original tenant on completion of the works.
6. The use of the property is changing*
A tenancy can be ended if the landlord intends to change the use of the property, for instance, the landlord intends to change from a residential to commercial letting. In this case, the notice of termination must include, or be accompanied by a statement, setting out the intended use of the property, a copy of planning permission (if relevant) details of any work to be carried out, the name of the contractor, and the dates and proposed duration of the works.
If the property becomes available for rent again, the landlord must offer the property back to the tenant that vacated on foot of a valid notice of termination. From June 4th 2019, the time periods during which the property must be offered back have extended from 6 months to 12 months from the expiry of the notice period.