Security of tenure provisions under the Residential Tenancies Acts 2004-2016 apply once a tenant has been in occupation of a dwelling for a continuous period of 6 months, with no notice of termination having been served during that time. Section 34 provides that a landlord must state a reason for the termination in any notice served. The reason must be one of those set out in section 34, for example, that vacant possession is required for substantial refurbishment of the dwelling.
Notice periods for the termination of a tenancy by the landlord vary, depending on the duration of the tenancy, but periods of up to 224 days are required.
If a landlord is terminating the tenancy on the grounds that he or she intends to substantially refurbish or renovate the dwelling in a way that requires the dwelling to be vacated for that purpose, the notice of termination must include a statement;
(a) specifying the nature of the intended works and providing a copy of any related planning permission. Where planning permission is not required, the notice or statement must specify the name of the contractor and the proposed dates for the works.
(b) that the landlord is required to offer to the tenant a tenancy of the dwelling if it becomes available for re-letting within a period of 6 months, subject to certain conditions.
On 23 November 2017, the RTB published a comprehensive set of guidelines on what constitutes substantial refurbishment or renovation for the purposes of a section 34 ground for tenancy termination. The guidelines are available on the RTB website:
Changes in Exemptions in Rent Pressure Zones
I have asked my Department to keep under review whether there is value in placing these guidelines on a statutory footing.