Grounds for a landlord to end a tenancy

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, the landlord must give a reason as to why.

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).

 

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

 

4. The landlord wants to sell the property

The tenancy can be ended if the landlord intends to sell the property within three 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.

 

5. Significant refurbishment of the property*

A tenancy can be terminated where the landlord intends to carry out substantial refurbishment of the property. The notice must contain or be accompanied by a written statement specifying the nature of the intended works to be carried out and, where planning permission is required, a copy is to be provided. Where no planning permission is required the statement must name the contractor (if any), the dates when the works are to be carried out and the proposed duration of the works.The statement must also say the tenant will be offered first refusal to take up the tenancy of the property if it becomes available to rent again within a period of 6 months from the termination date.

 

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. 

* The termination notice must also say that the tenant will be offered first refusal to take up tenancy of the property if the property becomes available to rent again.