Key changes for landlords serving Notices of Termination

Yes, from 6 July 2022, there is a new requirement on landlords to send a copy of all Notices of Termination served on a tenant to the RTB. This must happen on the same day as the Notice is served on the tenant. This requirement will apply to all tenancies, including where the tenancy has lasted less than 6 months.  

Failure to send a copy to the RTB at the same time as it is served on the tenant(s) will invalidate the Notice of Termination. 

The date of service is for example, the date the notice is posted, or hand delivered. The copy of the Notice of Termination for the RTB can be emailed to NoticeofTermination@rtb.ie or posted to the Residential Tenancies Board, PO Box 47 Clonakilty, Co. Cork 

The Notice will be deemed invalid if it is not copied to the RTB on the same day as it is served on the tenant. Landlords are encouraged to retain a copy of any Notice served and retain proof of postage to the RTB. If for example a landlord is serving a Notice of Termination on the tenant by post or hand delivery, then on the same day the landlord must serve the RTB by email or post.  

Notices can be emailed to NoticeofTermination@rtb.ie or posted to the Residential Tenancies Board, PO Box 47 Clonakilty, Co. Cork. 

Please click here to find Sample Notices of Termination on RTB.ie.

No, the increase in the notice period does not apply where a landlord is ending a tenancy for breach of tenant obligations.  

When a landlord wishes to end a tenancy for breach of tenant obligations, the landlord must first issue the tenant with a warning notice, outlining what the breach is and give the tenant a reasonable amount of time to resolve the issue. If the tenant does not resolve the breach in this timeframe, the landlord can proceed to issue a 28-day Notice of Termination. The 28-day Notice can be provided regardless of how long the tenancy has existed. A 7-day Notice of Termination can be served where there is serious anti-social behaviour and no warning notice is required.  

Sample warning notices and sample Notices of Termination can be found on RTB.ie

No, the process for a landlord to end a tenancy for rent arrears is unchanged. Landlords must continue to serve a copy of the written rent arrears warning notice to the RTB. 

In rent arrears cases, the 28-day warning notice period will count from the date that the tenant or the RTB have received the warning notice, whichever occurs later. If a landlord does not submit a copy of the warning notice to the RTB and the landlord proceeds to issue a Notice of Termination, the Notice of Termination will be invalid. 

A landlord must also send 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 invalid if this requirement is not met. 

No, the only warning notice that must be copied to the RTB at the same time as it is served on the tenant is the rent arrears warning notice. 

Landlords are asked to attach the Notice of Termination to a Notice of Termination Return form to assist the RTB in linking the Notice to the relevant tenancy. Please click here to download a copy of a Notice of Termination Return form.. 

It can be emailed to  NoticeofTermination@rtb.ie or posted to the Residential Tenancies Board, PO Box 47 Clonakilty, Co. Cork. If for example a landlord is serving a Notice of Termination on the tenant by post or hand delivery, then on the same day the landlord must serve the RTB by email or post. 

If posting, the RTB recommends using certified post to ensure landlords have proof of the date the RTB was sent the copy of the Notice of Termination.  

To serve a valid Notice of Termination: 

• Ensure the notice is in writing 
• Ensure you give the required notice period 
• Include the ground for the termination of the tenancy in the notice 
• If subletting please refer to the checklist for landlords as you take on the role 
• Ensure the notice is served on the party but it is not necessary to forward a copy to the RTB
• State that any issue as to the validity of the notice may be referred to the RTB within 28-days of the receipt of the notice 
• Sign the Notice of Termination 

Yes, if the tenant is not in breach of their tenant obligations and has an issue with the validity of the Notice of Termination received, a tenant now has 90-days from when they receive the Notice to apply for Dispute Resolution with the RTB. This means that a tenant must submit a dispute application to the RTB within 90-days of the receipt of the notice. 

Notices of Termination served for breaches of tenant obligation such as rent arrears remain unchanged. In those circumstances, the tenant will have 28-days from when they receive the Notice to apply for Dispute Resolution with the RTB. This means that a tenant must submit a dispute application to the RTB within 28-days of the receipt of the notice. 

Information on the RTB’s Dispute Resolution Services and sample Notices of Termination can be found on RTB.ie.  

When a landlord ends a tenancy for certain reasons (outlined below), they must offer the previous tenant(s) the option to re-let the property, where the property becomes available again under certain conditions. These specific reasons and their related conditions are outlined below:  

• When the landlord wants to sell the property. In these instances, the landlord must offer the tenancy back to the previous tenant(s) if they do not enter into an agreement to sell the property within nine months from the expiry of the notice period. 
• When the landlord ends the tenancy because they require the property for their own use or family use. In these instances, the landlord must offer the property back to the previous tenant(s) if the property is vacated by the landlord or the family member and becomes available for re-let within 12 months from the expiry of the notice period. 
• When the landlord wants to significantly refurbish their property. The landlord must offer the tenancy back to the previous tenant(s) once the refurbishment works are complete.  
• When the landlord wants to change the use of the property.  The landlord must offer the property back to the previous tenant(s) if the property becomes available for re-let within 12 months from the expiry of the notice period. 

If a dispute in relation to the validity of the Notice of Termination has been referred to the RTB, the time periods above will run from the final determination of the dispute. 

Sample warning notices and sample Notices of Termination can be found on RTB.ie.  

Yes, prior to this legislation being enacted (pending), it was the tenant’s responsibility to provide their contact details to the landlord, in writing within 28-days from when they received the Notice of Termination if they wanted to be considered for an offer to re-let.  

This has changed - it is now the landlord’s responsibility to ensure that they have made every reasonable effort to obtain the tenant’s contact details and offer the property back where applicable. 

Yes, from 6 July 2022, the RTB can assist in providing contact details of tenants to landlords for the purpose of facilitating a reletting offer. 

STEP 1: Landlords must send a copy of all Notices of Termination to the RTB on the same day as the notice is served on the tenant(s). The Notice of Termination will be deemed invalid if this requirement is not met.

STEP 2: Upon receipt of the Notice of Termination, the RTB will contact the landlord(s) and the tenant(s) and provide them with:   

A statement setting out a summary of their tenancy rights and obligations and details of the RTB’s Dispute Resolution Service. 

An invitation to the tenant(s) to provide their contact details in writing (email will suffice) to the RTB. The RTB will also request, with their consent, to pass those details to the landlord so that the landlord can later contact them should the property become available to re-let (under the specific reasons outlined above). 

STEP 3: If the rented dwelling becomes available for re-let as per the conditions set out above, the landlord must offer the property back to the previous tenant. If the landlord has made reasonable efforts to get the contact details and contact the tenant but has been unsuccessful, they must contact the RTB so that the RTB can pass those details to the landlord (assuming the tenant has consented to same). 

STEP 4: Upon receipt of the landlord’s request, the RTB will forward those details to the landlord. In instances where the tenant has not previously provided contact details to the RTB, the RTB will attempt to contact the tenant. The RTB will request them to provide up-to-date contact details and their consent for the RTB to provide them to the landlord. The tenant will have 7 days to respond. 

STEP 5: If the tenant(s) then provides their contact details and consent, the RTB will pass them on to the landlord. The tenant will have a maximum of 7-days to accept or reject the offer to relet from the landlord.  

If the tenants contact details cannot be obtained, the RTB will confirm to the landlord that they can proceed to relet the dwelling 

Yes, landlords must offer the property re-let to all the tenants that were living in the accommodation at the time that the tenancy was terminated. The landlord must make a reasonable effort to obtain their current contact details to make the offer to re-let their property.  

A tenant has a reasonable period, not exceeding 7-days, to accept the offer from the landlord to re-let the property. 

Tenants can apply for Dispute Resolution with the RTB if their previous rented accommodation is now re-let and not offered back in accordance with the law. A landlord could face damages of up to €20,000 to a tenant for breaches of their obligations or depriving them of the property. Or a determination that the tenant be allowed to resume possession of the dwelling concerned.   

The RTB can investigate and sanction landlords for potential breaches of rental law including failure to offer a tenant their tenancy back when it was ended for the specific reasons listed above. Where it is found that a landlord has breached the law, a caution or a fine can be issued to a landlord of up to a maximum of €15,000 and costs of €15,000.