If you’re a landlord in Ireland, you’ll be aware that there are numerous laws and regulations in place to protect both the tenant and the landlord. There has been a lot of discussion in recent times about rising rents and rent control across the country. Due to the lack of houses available, pressure has increased on the rental market. As a landlord, you are responsible for treating your tenant fairly. Sometimes, you may need to end a tenancy for one reason or another. So what are the correct procedures for terminating a tenancy agreement?
Reasons for Terminating a Tenancy
The rules regarding terminating a tenancy depend on how long your tenants have been renting your property.
Tenants for less than 6 months
If a tenant has been renting your property for less than 6 months, you can ask them to leave without giving a reason. However, you must still provide them with written notice at least 28 days before you want to vacate your property. There are exceptions to the notice period if you’re new tenants are damaging your property or are involved in disruptive behaviour.
Tenants for more than 6 months
If your tenant has lived in the property for more than six months, you are not entitled to terminate their tenancy unless they have breached their lease or obligations. This may include:
- If your tenant does not comply with the obligations set out by the lease
- If the property is no longer suited to the tenant’s needs
- If you’re planning on selling the property in the next three months
- If you or your immediate family are planning to move into the house
- If you are planning to make substantial refurbishments to the property
- If you plan to change the business use of the property
Procedures for Terminating a Tenancy
If you do want to ask your tenants to vacate your property, some procedures must be followed.
- You must inform your tenant in writing that you want them to leave.
- You or your agent are required to sign the letter of notice.
- Your notice letter should stipulate which date the tenant should vacate the property.
- State your reason for ending their tenancy.
- Inform the tenant that if they have any issues with the letter of notice, they must contact the Residential Tenancies Board RTB within 28 days of receiving the notice.
Notice Periods for Termination of Tenancy
Depending on how long a tenant has been living in your property, the notice period that a landlord is required to give differs. Below is a table showing how many days of notice you are required to provide.
|Length of tenancy||Notice that the landlord must give|
|Less than 6 months||28 days|
|6+ months – 1 year||35 days|
|1 year – 2 years||42 days|
|2 years – 3 years||56 days|
|3 years – 4 years||84 days|
|4 years – 5 years||112 days|
|5 years – 6 years||140 days|
|6 years – 7 years||168 days|
|7 years – 8 years||196 days|
|8 years +||224 days|
Notice Period Exceptions
There are some exceptions regarding the notice periods you must provide your tenants with. If the tenant breaches their obligations, you must only provide the tenant with 28 days notice. If the tenant is involved with anti-social behaviour or is damaging the property, the landlord must only provide the tenant with 7 days’ notice.
If a tent has not paid its rent, the landlord must give them written notice of how much they owe and allow them 14 days to pay off any arrears. If the tenant does not pay the arrears within 14 days, the landlord is required to provide them with 28 days’ notice to vacate the property.
Disclaimer: The above information is correct at the time of publication on 25 January 2017.