There are many reasons why as a landlord you may want to end your current agreement with your tenants. These may include your intention to sell the property, or perhaps you want to refurbish the property with the hopes of increasing rental charges next time around. You should be aware however, that the rules of tenancy termination have changed slightly over the last couple of years. The length of notice now required for your tenants depends entirely on how long the tenant has occupied the property.
Notice Periods For Tenants
From July of this year the amount of notice on a termination has increased to the following:
- For tenancies less than 6 months : 90 days
- For tenancies not less than 6 months but less than one year : 152 days
- For tenancies not less than 1 year but less than 7 years : 180 days
- For tenancies not less than 7 years but less than 8 years : 196 days
- For tenancies not less than 8 years : 224 days
However these timeframes are not applicable where a tenant has breached their tenant obligations or rent arrears are the cause of eviction.
The timeframes above apply specifically to when a tenant has been dwelling inside of a property, not from the date the contract was signed. The notice date starts on the day immediately after the notice is served.
Reasons a landlord can end a tenancy
There are multiple reasons you may wish to end a tenancy agreement, the most common is that a tenant has failed to meet, or broken their tenant obligations as mentioned previously, in this case the notification periods do not apply.
Other reasons a landlord may want to end a tenancy are:
Selling the property
A landlord has the right at any time to decide to sell their property, this being the case the landlord must enter into a contract with a length of no more than 9 months, if the property is not sold within the 9 months, the landlord has a responsibility to offer the property back to the tenant who occupied it previously.
In order to evict a tenant due to an impending sale, the landlord must provide a written signed agreement showing the intent to sell.
Property is no longer suited to number of tenants
Landlords have the right to end a tenancy if the maximum occupancy is exceeded. In order to end a tenancy on these grounds the notice must clearly state the amount of bed spaces in the property and give a detailed reason as to why the property is no longer suitable.
Property is needed for either the landlord or their family
If you wish to evict a tenant to provide it to a family member/friend or wish to occupy the property yourself, you will need to provide a signed statutory declaration detailing who will be occupying the property and their relationship to you.
Also if the property goes back on the market within 12 months, then you are obliged to offer it back to the previous tenant.
Renovations/Refurbishments
If you wish to conduct substantial renovations or refurbishments to your property, you have the right to, but you must take the appropriate steps.
In order to provide the tenant with a notice for vacant possession, you will need to provide proof of works being undertaken. This normally comes in the form of a certificate from a surveyor or architect proving that substantial renovations are being carried out for a period longer than 3 weeks.
The written notice must contain or be supplemented by a written statement detailing the nature of the work and if planning permission required. Where no planning permission is required, it should list the contractor, what work is being carried out and how long the work will take.
The notice should also say that the property will be offered back to the tenant upon completion of the renovations providing they have given you up to date contact details.
How a tenant can end a tenancy
A tenant only has to give a reason to end a tenancy if the landlord has breached his/her responsibilities.
Any tenant wishing to end a tenancy should send or give the landlord a notice of termination giving the landlord the required period of :
- Tenancies Less than 6 months : 28-days
- Tenancies for 6+ months, but less than 1 year : 35-days
- Tenancies for 1+ year, but less than 2 years : 42-days
- Tenancies for 2+ years but less than 4 years : 56-days
- Tenancies for 4+ years but less than 8 years : 84-days
- Tenancies for 8+ years : 112-days
Requirements for a written notice to quit
- Ensure the notice is in writing
- Ensure you give the required notice period
- Include the grounds for the termination of the tenancy in the notice
- If subletting, please refer to the checklist for landlords as you take on the role
- Ensure the notice is served on the party but it is not necessary to forward a copy to the RTB
- State that any issue as to the validity of the notice may be referred to the RTB within 28-days of the receipt of the notice
- Sign the Notice of Termination
Property Management Company Dublin
If you would like more advice on notices to quit please contact one of our team. At KPM Group we can offer insight into all aspects of property management in Dublin.
KPM Group has helped countless landlords free themselves from the day-to-day management of their portfolios and trust us to deliver the maximum return on investment while providing quality property management services.
If you would like to speak to us here at KPM about your portfolio, then get in touch today, and a member of staff will be happy to help in any way we can.
