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If your landlord wants you to leave

Introduction

The law on private residential tenancies requires landlords to follow certain procedures before asking a tenant to leave rented accommodation. A private residential tenancy means a tenancy that is agreed privately between a landlord and a tenant. Most such tenancies are covered by the Residential Tenancies Act 2004 (the RTA). If you are getting Rent Supplement, you are probably renting from a private landlord, so you would be covered by the Act.

Read more on Threshold’s website.

Tenancies not covered by the RTA

If you are living in your landlord's home or renting from a local authority or a social housing organisation (such as housing association accommodation or student accommodation let by a recognised educational institution) you are not covered by this legislation.

See our document on Sharing accommodation with your landlord for more information on tenants living in their landlord's homes and see Applying for local authority housing for more information on the rights of local authority tenants.

Sustaining your tenancy: The Dublin Region Homeless Executive launched a homeless prevention campaign on 17 June 2014 for people who are renting at present and are worried about losing their home. It aims to prevent such tenancies from breaking down. It focuses mainly on families on Rent Supplement in private rented accommodation.

Threshold’s Tenancy Sustainment Service is the main point of contact – see ‘Where to apply’ below. Under an agreed protocol, which applies to the Dublin region only, the Service can refer tenants to the Department of Social Protection for review of their Rent Supplement where appropriate.

Terminating a tenancy

How easily your landlord can end your tenancy depends on the type of tenancy you have, and how long you have been in the accommodation.

Your landlord must always give you notice when asking you to leave - see 'Notice periods' and 'Notice of termination' below.

Tenancies run in 4-year cycles. During the first 6 months of a tenancy, the landlord can ask you to leave without giving a reason but must serve a valid written notice of termination, allowing a minimum 28-day notice period.

For a tenancy that has lasted between 6 months and 4 years – known as a Part 4 tenancy – the landlord can end it only in the following circumstances:

  • After 3 years and 6 months
  • If you do not comply with the obligations of the tenancy
  • If the property is no longer suited to your needs (for example, if it is overcrowded)
  • If the landlord intends to sell the property within 3 months

or for the following specific purposes:

  • If the landlord needs the property for him/herself or for an immediate family member
  • If the landlord intends to refurbish the property substantially
  • If the landlord plans to change the business use of the property (for example, convert it to office use)

Termination for specific purposes

If the landlord needs the property for him/herself or for an immediate family member, you must be given the following information in writing, along with the notice of termination:

  • The name of the person
  • Their relationship to the landlord and
  • How long they will occupy the dwelling

You must also be told that if the person leaves within 6 months and you have given the landlord your contact details, the landlord must offer you a tenancy. However, this requirement does not apply if your tenancy is being ended due to a breach of your obligations, overcrowding, the property being sold, or change of use.

If the landlord intends to refurbish the property to the extent that it needs to be vacant, he/she must state the nature of the works in writing, along with the notice of termination. You must also be told that if the dwelling becomes available for letting and you have given the landlord your contact details, he/she must offer you a tenancy. Again, this requirement does not apply if your tenancy is being ended due to a breach of your obligations, overcrowding, the property being sold, or change of use.

If the landlord intends to change the use of the property (and has obtained any necessary planning permission) he/she must state the change of use in writing, along with the notice of termination. You must also be told that if the dwelling becomes available for re-letting within 6 months and you have given the landlord your contact details, he/she must offer you a tenancy. This requirement does not apply if your tenancy is being ended due to a breach of your obligations, overcrowding, or the property being sold.

If your landlord evicts you for a specific reason and subsequently does not carry out the intention (e.g. to live there him/herself) you can report him/her to the Private Residential Tenancies Board (PRTB). The PRTB will investigate your claim and take further action as appropriate.

Notice periods

The length of notice required depends on the length of your tenancy, as below:

Length of tenancy Notice by landlord
Less than 6 months 4 weeks (28 days)
6 months to a year 5 weeks (35 days)
1 to 2 years 6 weeks (42 days)
2 to 3 years 8 weeks (56 days)
3 to 4 years 12 weeks (84 days)
4 years or more 12 weeks

Exceptions to required notice periods

Your landlord can give less notice if you are not keeping your obligations (28 days) or if there is serious anti-social behaviour (7 days). Anti-social behaviour includes violence, threats or intimidation as well as any persistent behaviour that interferes with neighbours.

If your rent is in arrears, your landlord can give notice of 28 days, subject to the following:

  • The landlord gave you written notification of the amount owing and you still had not paid 14 days after you got this notification
  • For a Part 4 tenancy, the landlord also notified you that you have breached the terms of the tenancy and of his entitlement to terminate the tenancy if the breach was not remedied within a specified reasonable period

Landlords and tenants can agree shorter notice periods than the minimum periods set out above, but they can only do so at the time they decide to terminate the tenancy. It is illegal to agree a shorter notice period at the start of the tenancy.

Landlords and tenants can also agree longer notice periods but the maximum is 70 days when the tenancy has lasted less than 6 months.

Notice of termination

If your landlord wants you to leave, he/she must serve you with a notice oftermination. The notice can be posted to you, be given to you in person or beleft for you at the property.

Section 62 of the RTA sets down the requirements for a valid notice of termination. In order to be valid, a notice of termination must:

  • Be in writing
  • Be signed by the landlord (or an authorised agent)
  • Specify the date of termination of the tenancy
  • State that you have the whole 24 hours of the termination date to vacate the property
  • Specify the date of the notice itself
  • State the reason for termination (if a tenancy has lasted more than 6 months)
  • State that any issue with the notice must be referred to the PRTB within 28 days from the receipt of the notice.

The PRTB provides an example notice of termination (pdf).

Illegal eviction

If your landlord locks you out or physically evicts you, you may be able to apply for an injunction to force him/her to let you back into the property or you may apply to the PRTB to do so on your behalf. Similarly, if your landlord cuts off water, gas or electricity, you may be able to take legal action to restore the supply. In either case, you should get legal advice and assistance before you proceed. Your landlord cannot remove your possessions from your flat or house while your tenancy is still in existence (though after a tenancy has ended, a landlord is under no legal obligation to store or maintain belongings).

If your landlord is going to refer a dispute to the PRTB, you should get advice about your situation from Threshold or a solicitor. The Free Legal Advice Centres (FLAC) operates a network of legal advice clinics throughout the State. These clinics are confidential, free of charge and open to all. Contact your nearest Citizens Information Centre for information on FLAC services in your area. FLAC also runs an information and referral line during office hours for basic legal information.

Where to apply

Threshold

Threshold

Tenancy Sustainment Service

Threshold

Threshold

Private Residential Tenancies Board



Last Updated: 18/06/2014