New Notice of Termination obligations and procedures

Changes to the legislation require landlords to provide additional detail when using certain exemptions outlined below and return a copy of any notice of termination they issue to the RTB.

A valid Notice of Termination is required in order to end a tenancy. If a tenancy has lasted less than 6 months, a landlord does not have to give a reason to end a tenancy, however, the tenant must be provided with a valid notice of termination in writing providing a minimum notice period of 28 days. If a tenancy lasts 6 months or more, a landlord must give a reason for ending the tenancy under the grounds contained in Section 34 of the Act. 

Changes to the legislation effective from 4th June 2019 have introduced new obligations and procedures for landlords ending a tenancy for the following reasons: if the landlord or a family member want to live in the property; sale of property; significant refurbishment; and change of the use of the property.

Notice of Termination Return Form

Where a tenancy has lasted more than 6 months, a landlord serving a Notice of Termination must complete a Notice of Termination Return Form and attach a copy of the Notice in question. These documents must be sent to the Residential Tenancies Board within 28 days of the expiration of the tenancy termination date.

If the landlord or a family member intends to live in the property

A tenancy can be terminated if a landlord or a family member* intends to live in the property. In this instance, a Statutory Declaration stating this must accompany the notice. Landlords must offer the property back to the tenant who vacated after receiving a valid notice of termination if the property becomes available for rent again. 

Changes to the legislation have extended the time period that a landlord must offer the property back to the tenant from 6 months to 12 months from the expiry of the notice period. 

(*A member of the landlord's family is defined as a spouse, civil partner, child, stepchild, foster child, grandchild, parent, grandparent, step parent, parent-in-law, brother, sister, nephew, niece or a person adopted by the landlord under the Adoption Act.)

Sale of Property

A landlord can end a tenancy if they intend to sell the property. Changes to the legislation have extended the time period within which a landlord intends to sell the dwelling, increasing it from 3 months to 9 months of the termination date. This means a tenancy can be ended if a landlord intends to sell the dwelling within 9 months of the termination of the tenancy. The landlord is obliged to offer the tenant an opportunity to re-let the property if he / she does not sell the dwelling within 9 months. 

Notices of termination that are issued for sale of property must be accompanied with a statutory declaration confirming the landlords intention to sell the property. 

Substantial refurbishment of the property

A landlord can end a tenancy if they intend to carry out a substantial refurbishment to the property. Please note that recent legislative change has added additional criteria which a landlord must satisfy and provide when issuing the notice of termination. 

The notice must:

  • state if planning permission is required, 
  • state the name of the contractor (if any), 
  • the date on which intended works are to be carried out, and 
  • the proposed duration of the works. 

Changes to the legislation state that the notice must also contain, or be accompanied, with a certificate in writing of a registered professional (within the meaning of the Building Control Act 2007) stating that:

The proposed refurbishment or renovation works would pose a threat to the health and safety of the occupants of the dwelling concerned and shouldnot proceed while the dwelling is occupied, and;

Such a risk is likely to exist for such period as is specified in the certificate which shall not be less than 3 weeks. 

Changes to the legislation have also changed the time that a landlord must offer the property back to the tenant when it becomes available for let again. The law now states that a landlord must offer the property back to the original tenant on completion of the works. 

Change of use of the property 

A tenancy can be terminated if the landlord intends to change the use of the property, for example, from a residential to a commercial letting. In this case, the notice of termination must include, or be accompanied by a statement, setting out the new intended use of the property, a copy of the planning permission (if relevant), details of the work to be carried out, the name of the contractor, and the dates and proposed duration of the works. 

A landlord must offer the property back to the tenant that vacated the property on foot of a valid notice of termination if the property becomes available for rent again. Changes to the legislation have extended the time period that a landlord must offer the property back to the tenant from 6 months to 12 months from the expiry of the notice period.