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 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 the responsibilities of the tenancy, despite being notified of this and being given reasonable time to correct 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.
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)
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 if the landlord intends to carry out substantial refurbishment of the property. In this case, specific details of what works are to be carried out and planning permission, if relevant, should be provided in a statement given with the notice of termination or set out in the notice of termination itself. If planning permission is not relevant, the notice must give the name of the contractor and the dates and proposed duration of the works to be carried out.
The termination notice must also say the tenant will be offered first refusal to take up the tenancy of the property if the property becomes available to rent again.
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.