On 11 June 2022, Tenancies of Unlimited Duration were introduced into law. providing more security of tenure for tenants. This change provides more security of tenure for tenants. It means that, after six months living in a tenancy, the tenant will have a right to remain in the property for an unlimited duration. This is subject to the tenant upholding their rental obligations and the landlord’s right to end the tenancy in accordance with the Residential Tenancies Act 2004 (RTA).
- The security of tenure given to tenants under the RTA (known as ‘Part 4’ tenancy rights) used to operate in 6 year cycles. A landlord had the right to terminate a tenancy on the permitted termination grounds set out in the RTA but also at the end of every 6-year cycle for any reason (see here for more information).This is no longer the case where there is a tenancy of unlimited duration. A landlord can only end these tenancies where the landlord serves a valid notice relying on the permitted termination grounds.
- All new tenancies created on or after 11 June 2022 will automatically become Tenancies of Unlimited Duration when the tenant has lived in the rental property for six consecutive months and a valid notice of termination has not been served.
- Tenancies already in existence before 11 June 2022, will continue under the existing security of tenure rules until the end of the current six-year cycle of the tenancy. The landlord is still entitled to end these tenancies at the end of the six-year period for any reason by serving a notice of termination before the end of the current 6 year period, where the notice period expires after that date. In most cases however it is likely that the parties will want the tenancy to continue and in these circumstances the tenancy will become a tenancy of unlimited duration at the end of the current 6 year cycle. Then the tenancy may only be terminated by the landlord by relying on one of the permitted termination grounds as set out in the RTA.
- If, on the 11 June 2022 a tenancy was already in existence, landlords are encouraged to switch from a six-year cycle to a Tenancy of Unlimited Duration, without waiting for the end of the current 6 year period. The landlord can do this by completing the tenancy of unlimited duration consent notice below and serving it on the tenants.
Tenants (and licensees) of student specific accommodation and tenants in other limited circumstances are not protected by ‘Part 4 tenancy’ rights. Therefore changes introduced by Tenancies of Unlimited Duration do not impact student specific accommodation.
Click here for further details on security of tenure.