Dáil Éireann Debate, Thursday - 18 April 2024
224. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage the measures a tenant can take in cases where they do not receive an official notice to quit and therefore local authorities do not accept them; and if he will make a statement on the matter. [17224/24]
View answerThe Residential Tenancies Acts 2004-2022 (RTA) regulate tenancies in the residential rental sector covering private renters, cost renters, social renters with Approved Housing Bodies (AHBs), and regulates tenancies and licences in student specific accommodation and sets out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Acts to operate a national tenancy registration system, resolve disputes between landlords and tenants and develop and publish guidelines for good practice by those involved in the rented sector.
During the first 6 months of a tenancy, a landlord may terminate the tenancy by serving a notice of termination (NoT) in compliance with the RTA, without stating a reason for the termination.
In general, after 6 months, a landlord may not serve a NoT except in very clearly defined circumstances. Section 34 of the RTA provides that the landlord must state in the NoT the reason the tenancy is being terminated and the NoT will not be valid unless that reason relates to one or more of the following:
• the tenant has failed to comply with the obligations (other than the obligation to pay rent) of the tenancy;
• the tenant has failed to comply with the obligation to pay rent under the tenancy;
• the dwelling is no longer suited to the needs of the occupying household;
• the landlord intends to sell the dwelling within the next 9 months;
• the landlord requires the dwelling for own or family member occupation;
• vacant possession is required for substantial refurbishment of the dwelling; and/or
• the landlord intends to change the use of the dwelling.
In addition, all NoTs must be copied to the RTB at the same time as being served to the tenant and will be invalid if not so copied.
Landlords are also required to give varying periods of termination notice depending on the duration of the tenancy.
|
Duration of a Tenancy |
Termination Notice Period |
|
Duration of a Tenancy |
Termination Notice Period |
|
Less than 6 months |
90 days |
|
Not less than 6 months but less than one year |
152 days |
|
Not less than 1 year but less than 7 years |
180 days |
|
Not less than 7 years but less than 8 years |
196 days |
|
Not less than 8 years |
224 days |
If a tenant feels the Notice of Termination served is invalid and/or that the landlord has breached their obligations, they can take a Dispute case with the RTB. Please see the links below for RTB guidance on how a landlord may terminate a tenancy and how to refer a dispute for resolution -
www.rtb.ie/registration-and-compliance/ending-a-tenancy/how-a-landlord-can-end-a-tenancy
www.rtb.ie/dispute-resolution-services/guide-to-disputes-resolution
