Invalid notice of termination dispute resolution

If there is a question about the validity of the notice of termination, or the landlords right to end a tenancy, the tenant has 28 days to refer the termination to the RTB.

The RTB encourages tenants and landlords to discuss any issues that may arise promptly and to keep lines of communication open. It is useful to follow up any discussion with a letter noting what was said or agreed.

If the issue cannot be resolved through self resolution, the RTB offer a range of dispute resolution services.

Click here to go to the dispute resolution section of the website . This section includes information on the dispute resolution process.

Checklist to ensure the Notice of Termination is valid:

  • Ensure that the notice of termination is in writing (a text/email is not permitted).
  • Give the correct notice period. The notice period depends on the length of the tenancy and the reason for issuing the notice in some circumstance. It may be prudent to give an additional couple of days notice to ensure that the tenant receives the required notice periods.
  • If the reason for giving a notice of termination is that the tenant has breached his or her obligations having been given reasonable time to rectify the breach then ensure that the reason is included in the notice of termination.
  • Contain one of the six reasons  specified in the Residential Tenancies Act 2004 (as amended). This is that if the tenancy is over 6 months a landlord must state the reason i.e.
     
    • The tenant has failed to comply with the obligations of the tenancy (having first been notified in writing, of the failure, and given an opportunity to rectify it).
    • The dwelling is no longer suitable to the needs of the occupying household.
    • The landlord intends to enter into an enforceable contract to sell the dwelling within the next three months.
    • *The landlord requires the dwelling for own or family member occupation. (Not applicable to Approved Housing Bodies)
    • *Vacant possession is required for substantial refurbishment of the dwelling.
    • *The landlord intends to change the use of the dwelling. (Not applicable to Approved Housing Bodies)


       
  • Is accompanied by a Statement or Statutory Declaration as required
  • Specify the termination date. The day that is to be specified as the termination date is the last day of the notice period.  The notice period starts on the day following service of the notice of termination.
  • State that the tenant has 24 hours from this date to vacate possession.
  • Ensure that the Notice is served on the party. The notice period starts on the day following service of the Notice of Termination. Therefore if the Notice is served on the Monday the period of Notice is counted from the Tuesday. It may be prudent to give an additional couple of days notice to ensure that the party receives the required notice periods
  • 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.
  • If the tenancy is over 6 months state the reason as explained above  
  • Ensure that the notice is signed by the landlord or the authorised agent.
  • Where a landlord seeks to terminate a Part 4 tenancy (a tenancy of duration longer than 6 months) because the tenant has failed to pay rent, the following two-step procedure must be followed:
  1. Serve a 14-day warning notice for failure to pay rent.
  2. Serve a 28-day notice of termination of the tenancy.

Please use these sample notices for both rent reviews and notices of termination. Please refer to these samples before serving either type of notice.