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 notice of termination to your application.
Changes to legislation in 2016 introducted the 'slip rule', which 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 instances, a landlord is required to submit a Statutory Declaration with the Notice of Termination.
Where a landlord intends to sell the property within 9 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 12 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. Please note that the Declarant must sign the Statutory Declaration themselves, it cannot be signed on their behalf by an authorised agent.
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.
Notice required to end a tenancy
The amount of notice required to end a tenancy depends on how long the tenant has lived in the property. The lease agreement may give a longer period of notice to the tenant, and a landlord and tenant may also agree a shorter period of notice, however, this can only be agreed when a notice has been given. The law sets out minimum notice periods which are different for a landlord and a tenant.
From June 4th 2019, the required notice to end a tenancy for a landlord is:
|Duration of tenancy||Landlord notice period|
|Less than 6 months||28 days|
|Not less than 6 months, but less than one year||90 days|
|Not less than one year, but less than three years||120 days|
|Not less than three years, but less than seven years||180 days|
|Not less than seven years, but less than eight years||196 days|
|Not less than eight years||224 days|
The required notice periods for a tenant to end a tenancy are as follows:
|Duration of tenancy||Tenant notice period|
|Less than 6 months||28 days|
|6+ months, but less than one year||35 days|
|1+ year, but less than two years||42 days|
|2+ years, but less than 4 years||56 days|
|4+ years, but less than 8 years||84 days|
|8+ years||112 days|
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 Refurbish or Renovate the dwelling
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
Changes to the legislation effective from 4th June 2019 have introduced a remedial notice of termination. This has been introduced to aid landlords and tenants as they can now remedy the original notice served to fix the defect identified by the adjudicator or Tribunal by serving a new notice (the ‘remedial notice’).
Following the conclusion of a case with the RTB, if determined by the decision maker, a landlord or tenant shall be permitted to serve the remedial notice within 28 days of the issue of the Determination Order. Where the correct notice period was provided for in the originally served notice then a landlord or tenant can proceed to serve a 28-day remedial notice. Where an incorrect notice period was supplied within the original notice of termination a landlord or tenant must serve 28 days plus the number of days the original notice of termination was short within their remedial notice.
- Landlord intends to serve a notice providing a tenant with 180 days’ notice.
- The landlord serves the notice on 01/12/2018.
- The date of service is the date the landlord last had the notice of termination in their control, e.g. the date they posted it or the date they handed it to the tenant.
- The notice period starts from the date after the date of service - In this case 02/12/2018
- 02/12/2018 plus 180 days = 31/05/2019
- Landlord in this case sets the termination date as the 28/05/2019.
- Tenant receives the notice and lodges a case with the RTB. Notice ruled invalid and Determination Order issued.
- Within 28 days of the issue of the Determination Order the Landlord is now entitled to serve a 28 day + the 3 days he was short = 31 days’ notice