Section 25 of the Residential Tenancies Acts 2004-2016 disapplies its security of tenure rights under Part 4 from Approved Housing Body (AHB) tenancies of up to 18 months in duration relating to designated “transitional dwellings”. Where a lease extends beyond 18 months, then the property in question is no longer considered to be a “transitional dwelling” for the purposes of the Act and the tenant will obtain Part 4 rights.
AHBs work closely with tenants to identify suitable dwellings for occupation under a subsequent tenancy to commence before or upon the expiry of the initial 18 month tenancy in a transitional dwelling. Local authorities are available to assist AHBs in this regard with the aim of preventing homelessness.
Part 5 of the Acts provide for the termination of tenancies only, with sections 62 and 66 setting out the requirements for a valid tenancy termination notice by a landlord and the notice periods applicable.
Accommodation let under licensing agreements does not fall within the remit of the Residential Tenancies Acts 2004-2016 which protect tenancy agreements only. If there is any doubt as to the type of agreement in place in respect of individual dwellings, for example whether a licence agreement or a tenancy agreement exists, the matter should be referred to the Residential Tenancies Board (RTB) for a determination. Where the RTB determines that a tenancy exists, it can deal with any dispute arising.
A licence agreement does not become a tenancy agreement with the passage of time; such agreements are separate in nature.