Writing an end of tenancy letter for a property in Dublin
There are just as many reasons why a landlord would seek to end a tenancy with their tenant as there are for a tenant to end it with their landlord. The procedure in Dublin, as across the whole of Ireland, is governed by strict legislation. We’re going to try to cover the essential parts in this guide. It will include examples of each sample letter giving notice to a tenant in Dublin, and letters showing the tenant notice to landlord (samples) in Dublin.
Registering a tenancy in Dublin, Ireland
In Ireland, landlords must register almost all residential leases with the Residential Tenancies Board (RTB). The few exceptions are as follows:
· Business lettings
· Holiday lettings
· Formerly rent-controlled properties
· Long-occupation lease tenancies
· Properties occupied by the immediate family of the landlord
· Social housing
· Employment-related lettings
· Student specific accommodation
· Tenancies in the landlord’s home
Residential tenancy rules and regulations for Dublin, Ireland
The Residential Tenancies Act 2004 sets out the rules and regulations for the management of tenancies in Ireland. Each tenancy can be applied for online or by mail using the RTB tenancy registration form. The RTB also manages any disputes arising from mismanaged tenancies or arguments between tenants and landlords. Dispute resolution can incur a fee depending on how the case transpires and how the final resolution is reached. They also supply a complete resource showing examples of each type of letter from landlord to tenant, ending a tenancy in Dublin.
Carrying out a tenancy termination
Either the tenant or the landlord may terminate a tenancy. There are different procedures for each type of termination, and legislation for landlord and tenant to follow.
Chiefly, the main points to note are the notice period, the Notice of Termination letter, the Notice of Termination Return Form, and the various conditions applying to each.
· A Notice of Termination doesn’t have to be issued if the term of the tenancy agreement has come to its end.
· If a tenant intends to continue the tenancy after the initial term has expired, they must inform the landlord within one to three months before the termination of the initial contract.
· When a tenancy is to end, a valid termination notice must be served on the opposite party by those intending to end the tenancy.
When the landlord serves Notice of Termination on the tenant
Where a tenancy has lasted more than 6 months, the landlord must serve a Notice of Termination to the tenant, and also complete a Notice of Termination Return Form. A valid Notice of Termination must be in writing. The landlord or their agent must sign it, and it must specify the date of service. If the tenancy has lasted longer than 6 months, the notice must state the reason for the termination. The tenant has 24 hours to leave from the date of termination. If there is an issue with the notice, then it must be raised with the
Residential Tenancies Board within 28 days of its receipt.
The notice should be served on the tenant in person, left at the rented property or posted to the property. The notice may also be served on the tenant outside the property.
Notice periods specified for the landlord to the tenant
The duration of the tenancy determines notice periods:
· 28 days notice – less than 6 months tenancy
· 90 days notice – 6 months to 1 year tenancy
· 120 days notice – 1 year to 3 years tenancy
· 180 days notice – 3 years to 7 years tenancy
· 196 days notice – 7 years to 8 years notice tenancy
· 224 days notice – longer than 8 years tenancy
Valid reasons for terminating a tenancy
These are the specific reasons that apply to tenancies lasting longer than 6 months but no longer than 4 years. The termination must include a valid reason for termination. The reason must relate to one of the following:
· A tenant failing to comply with the tenancy obligations
· The landlord intends to sell the property within 3 months
· The property is no longer suitable to the occupants
· The property needs vacating to carry out substantial refurbishment
· Change of use of the property
There are samples of ‘How to give tenants notice’ letters in Dublin further down the page.
In certain situations, the landlord must submit an additional Statutory Declaration with the
Notice of Termination.
· Where the landlord intends to sell the property within 9 months of the termination of the tenancy.
· If the landlord plans to use the property for the occupation of a family member.
Statutory Declarations must follow a specific format and be signed in the presence of a Commissioner for Oaths, Practising Solicitor, Notary Public, or Peace Commissioner.
Sample letters for Notice of Termination from landlord to tenant
The Residential Tenancies Board provides all of the following sample letters and notices from their Ending a Tenancy > Notices of Termination page. This resource centre should include any sample notice letter to a tenant requesting they move out of a Dublin property/
1. Terminating a tenancy within the first 6 months
2. Terminating a tenancy before a Further Part 4 tenancy commences
3. For rent arrears
4. For breach of tenant responsibilities
6. The landlord requires dwelling for their own or their family use
7. The landlord intends to sell the dwelling
8. The landlord intends a substantial refurbishment or renovation
9. Change of use of the dwelling
10. The dwelling is no longer suitable to the accommodation needs of the tenant
11. Termination for student-specific accommodation
When the tenant serves Notice of Termination on the landlord
A valid notice must be in writing, signed by the tenant and include the date of service. It must also specify a termination date. The notice must state that any issue of its validity be referred to the Residential Tenancies Board within 28 days from receipt of the notice. The tenancy resignation letter (for Dublin) or notice may be served to the landlord in person, or be left or posted to the landlord’s contact address. A tenant does not need to supply a reason for termination unless the termination is on account of a breach of the landlord’s obligations, or the notice period is only 7 days. A tenancy is deemed terminated, where a tenant has vacated the property without giving the appropriate notice and is in rent arrears.
Notice periods specified for the tenant to the landlord
· 28 days – less than 6 months tenancy
· 35 days – 6 months to 1 year tenancy
· 42 days – 1 year to 2 years tenancy
· 56 days – 2 years to 4 years tenancy
· 84 days – 4 years to 8 years tenancy
· 112 days – longer than 8 years tenancy
Sample letters for Notice of Termination from tenant to landlord
The Residential Tenancies Board provides all of the following sample letters and notices from their Ending a Tenancy > Notices of Termination page.
The RTB provides resources that include each sample letter of termination of tenancy agreement by tenant.
1. Standard notice of termination providing the appropriate notice period
2. Breach of landlord responsibilities
3. Sub-let or assignment of fixed-term tenancy
4. Imminent danger of death or serious injury or danger to fabric of the dwelling
For further and full details of the tenancy and landlord process, the comlete and correct information is available from:
Residential Tenancies Board > Ending a tenancy