Termination notice periods to significantly rise for tenancies under three years

The notice periods that landlords should give tenants earlier than evictions are set to rise for tenancies below three years in duration- greater than tripling for tenancies lower than six months.

Legislative amendments to extend the required termination notice period that tenants must receive (where there has been no breach of tenant obligations) were passed by both Houses of the Oireachtas. The measure is designed to give greater security of tenure to tenants.

The amendments were made to the Regulation of Providers of Building Works and Miscellaneous Provisions Bill 2022 which will now be sent to the President for early signature.

The proposed termination notice periods to be given by landlords for no-fault evictions (i.e. where there is no breach of tenant obligations) will change as follows:

The notice period for tenancies of three years or longer have not been changed and will remain at 180 days for between three and seven years; 196 days for between seven and eight years; and 224 days for more than eight years.

In addition, the amendments provide for a new requirement on landlords to simultaneously copy the Residential Tenancies Board (RTB) with all Notices of Termination (NOTs) that he or she gives to a tenant. Upon receipt of a NOT, the RTB will be required to:

a. write to the relevant tenant and landlord with information on their rights and obligations under the Residential Tenancies Acts 2004-2021, and on RTB services; and

b. seek to ascertain the tenant’s contacts details and to pass those details onto the landlord (with the tenant’s consent), if requested by the landlord, for the purpose of making a re-let offer in cases of terminations grounded in certain circumstances (a landlord’s intention to sell; occupy (by the landlord/family member); substantially refurbish/renovate; or change the use of the rented dwelling).

If a landlord does not simultaneously serve a NOT on the tenant and the RTB, the NOT will be invalid.

Announcing the Government decision, Minister O’Brien said:

“This measure is being taken alongside a range of other measures in Housing for All to make renting more secure. The extension of these notice periods will give those in tenancies under three years greater security of tenure. It will give them more time to find alternative accommodation if they are required to. Ultimately, the scaling up of housing supply and in particular cost rental housing will give renters real options.”

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