In order for a Notice of Termination to be valid, it must:
- Be in writing (an email will not suffice).
- Be signed by the tenant or landlord or his or her authorised agent, as appropriate.
- Specify the date of service.
- State the grounds for termination (where the tenancy has lasted for more than 6 months or is a fixed term tenancy).
- Specify the termination date and also that the tenant has the whole of the 24 hours of this date to vacate possession.
- State that any issue as to the validity of the notice or the right of the landlord to serve it must be referred to the RTB within 28 days from the receipt of the notice.
- Be accompanied by a statement/statutory declaration where required.
The tenant or landlord should try to ensure they give the adequate notice. The first day of a period of notice is the day after the notice is served. Therefore if the notice is served on the Monday the period of notice is counted from the Tuesday. The notice periods depend on the length of the tenancy and the reason for issuing the notice in some circumstances. Whilst not a specific requirement under the Act, it may be prudent to give an additional couple of days notice to ensure that the party receives the required notice periods.
Note: If you are submitting a dispute resolution application for rent arrears or are disputing the validity of a notice of termination, you must attach the notices to your application.
Recent changes to legislation, through the introduction of a 'slip rule', allows an adjudicator or Tribunal to overlook a minor error in a notice of termination, once the error does not prejudice the notice itself, which would otherwise be valid.
In some cases, a landlord will be required to submit a Statutory Declaration with the Notice of Termination.
Where a landlord intends to sell the property within 3 months of terminating the tenancy, a Statutory Declaration must accompany the Notice of Termination confirming this intention.
Where a landlord requires the property for their own use or for the a family a member, a Statutory Declaration must accompany the Notice of Termination confirming the intended occupant's identity and (if not the landlord) their relationship to the landlord and the expected duration of the occupation. The Statutory Declaration must also confirm that the landlord is required to offer a tenancy to the tenant if the dwelling is vacated within a period of 6 months from the termination date. It is very important for tenant's to provide contact details to their landlord when vacating a property.
Sample Statutory Declarations accompany the Notices of Termination below. A Statutory Declaration must take a specific format and must be signed in the presence of a Commissioner for Oaths, Practising Solicitor, Notary Public, or Peace Commissioner.
The powers of the RTB to direct a tenant to vacate a property
Regardless of the circumstances of a case, a RTB adjudicator or Tribunal can only order a tenant to vacate a rented dwelling on the expiration of a valid notice of termination, which is fully in compliance with the Residential Tenancies Act 2004.
Example Notices of Termination for Landlords
1. Notice of Termination for terminating a tenancy in the first six months (not applicable to a fixed term lease)
2. Notice of Termination for terminating a tenancy before a Further Part 4 tenancy commences
3. Notice of Termination for Rent Arrears
4. Notice of Termination for Breach of Tenant Responsibilities
5. Notice of Termination for Anti-Social Behaviour click here
and the 7 day notice for Anti-Social Behaviour click here
6. Notice of Termination for when Landlord Requires Dwelling for Own or Family Use (Statutory Declaration must accompany notice)
7. Notice of Termination for when Landlord intends to sell the dwelling (Statutory Declaration must accompany notice)
8. Notice of Termination for when Landlord Intends to Substantially Change or Renovate
9. Notice of Termination for when Landlord Intends to Change the Use of the Dwelling
10. Notice of Termination for when the dwelling is no longer suitable to the accommodation needs of the Tenant
Example Notices of Termination for Tenants
1. Standard Notice of Termination providing appropriate notice period
2. Notice of Termination for Breach of Landlord Responsibilities
3. Notice of Termination for Sub-Let or Assignment of Fixed Term Tenancy
4. Notice of Termination for Imminent Danger of Death or Serious Injury or Danger to Fabric of the Dwelling