Termination of Tenancies (2017)

Termination Overview

While there is letting agreement in place for a fixed period, then both the landlord and tenant are bound by its terms, except in so far as it reduces the mandatory rights and obligations of landlord and tenant. If the letting is for a particular period or “term”, then both the landlord or tenant will be bound by this commitment.

Therefore from the landlord’s perspective, the letting may not be terminated during the term, unless there tenant has breached its term. Where this occurs, the landlord cannot simply take the property back. He must follow the procedure in the Residential Tenancies Act and refer the matter to the PRTB, if necessary.

Unless there is a written letting agreement or lease providing a longer term, then the entitlement to terminate the tenancy are as set out in the Residential Tenancies Act. In the first six months of the letting and during the first six months of each subsequent six year cycle (four year cycle for tenancies commencing before the law change), the landlord can terminate the tenancy without having to specify one of the below mentioned good reason.  He must, give the required notice in writing. The tenant, in contrast can terminate the tenancy by giving notice at any time for any reason, unless he has agreed to a longer term.

Grounds for Termination I

After the initial six-month on a letting, a so called “Part 4 tenancy” on the terms which are prescribed by the Act comes into force. After the initial six / four-year period, a further six(four year cycle for tenancies commencing before the law change) period may come into force. The landlord can terminate for any reason during the first six months of this further six (four) year period. To do so, 16 weeks’ notice must  be given. The rights are rolling and so may potentially continue for ever subject to the opportunity to terminate for no “good” reason every six (four) years.

The following are the only valid grounds for the termination of the tenancy by the landlord during the protected three and half year periods;

• the tenant has failed to comply with obligations (rent or other obligations) having been given a warning in writing and the opportunity to do so;
• the dwellinghouse is no longer suitable to accommodation needs of the household by reference to the number of bed spaces and occupants;
• the landlord intends to enter a contract for the sale of the property within three months;
• the landlord requires the dwellinghouse for himself or his family members’ occupation;
• the landlord intends to refurbish substantially, and the vacant possession is required;
• the landlord intends to change the use of the property

Grounds for Termination II

The grounds must be specifically set out in the termination notice.  If the termination is by reason of tenant’s breach, the tenant must first be notified and given time to correct the problem. He must remediate the breach withing a reasonable time period. There are exceptions to the notice requirements in the case of antisocial behavior.

In the case of the last three grounds, the landlords must reoffer the property to the tenant when the property subsequently becomes available such as after refurbishment, after occupation by landlord or a family member or termination of business use. This is provided that the tenant keeps the landlord appraised of his contact details.

In these latter cases, the notice must be accompanied by a statement notifying the tenant that he/she may exercise an option to be offered reinstatement should the property become available for re-letting after the refurbishment work or within 6 months of the change of use or occupation by the landlord or a family member (including a civil partner). This entitlement would apply only where the tenant keeps the landlord notified of his/her contact details.

In the case of the last four grounds (including the sale ground) the tenant can complain to the Board if the intention is not implemented in the relevant time on the basis that he has been unfairly deprived of the tenancy. The Board can award compensation or reinstate the tenant.

The tenant can transfer or sell (the letting) his interest as tenant but only with the landlord’s consent. The tenant’s protection ceases and the assignee’s tenancy will not be protected until  he has been in occupation for six months

A notice to terminate the tenancy is deemed to be given by a tenant who vacates a property leaving 28 or more days rent in arrears without the required notices.

Notice of Termination of Tenancy

Termination of a tenancy is only permitted in accordance with the Act. The older methods of termination are abolished. It is an offence to purport to serve an invalid notice of termination and then act in reliance on it in a way that adversely affects the interests of the person on whom it was served. It is possible to agree longer periods of notice, but not to agree shorter periods.

The notice to terminate a tenancy must be in writing and must contain certain information, including the right to refer a dispute to the Residential Tenancies Board. The standard notice period ranges from four weeks to terminate a tenancy which has lasted less than six months to twelve weeks in the case of landlord who gives notice in the third year.

The maximum notice required to be given by a tenant is eight weeks. This applies after the tenancy has lasted two or more years. Termination by a landlord during the first six months of a “roll over” four-year tenancy requires 16 weeks’ notice.

Shorter periods apply where the breach is due to tenant’s (or landlord’s) failure to comply with obligations. In the case of serious antisocial behavior or behavior threatening the property, the required notice is 7 days. In the case of other breaches, the period of notice is 28 days. An opportunity to remediate the breach must first be given. Termination for non-payment of rent notice also requires 14 days’ prior warning before notice is served.

A shorter period of notice can be agreed, but only if both landlord and tenant agree after the notice to terminate is given.

Notice Issues I

“Remedy the failure” means in the case of a failure that does not result in financial loss or damage to the landlord or his or her property, to desist from the conduct that constitutes the failure or, if the failure consists of an omission to comply with an obligation, comply with that obligation. In the case of a failure that does result in financial loss or damage to the landlord or his or her property, it means

• to pay adequate compensation to the landlord (or, if the failure consists of the non-payment of rent, pay the arrears of rent) or repair the damage fully, and
• unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be.

“Behave in a way that is anti-social” means—

• engage in behaviour that constitutes the commission of an offence, being an offence the commission of which is reasonably likely to affect directly the well-being or welfare of others,
•  engage in behaviour that causes or could cause fear, danger, injury, damage or loss to any person living, working or otherwise lawfully in the dwelling concerned or its vicinity and, without prejudice to the generality of the foregoing, includes violence, intimidation, coercion, harassment or obstruction of, or threats to, any such person, or
• engage, persistently, in behaviour that prevents or interferes with the peaceful occupation  by any other person residing in the dwelling concerned, of that dwelling,  by any person residing in any other dwelling contained in the property containing the dwelling concerned, of that other dwelling, or ) by any person residing in a dwelling (“neighbourhood dwelling”) in the vicinity of the dwelling or the property containing the dwelling concerned, of that neighbourhood dwelling.

Notice Issues II

The reference to the contact details requirement being complied with is a reference to the following requirement being complied with, namely, a requirement (which shall be specified in the statement concerned) that the former tenant notify in writing the landlord—

• within 28 days from the service of the notice of termination concerned, or, if a dispute as to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, of the means by which he or she can be contacted by the landlord so that the offer concerned can be made to him or her, and
• as soon as practicable after any such change occurs, of any change in the means (as so notified) by which the former tenant can be contacted for that purpose.

Where a tenancy is being terminated by all of the multiple tenants, one of the tenants may sign on behalf of the others named in the notice.

Notice Issues III

In the case of terminations based on the the accommodation of the tenant, a proposed sale and the landlord requiring the property for himself or his family, the notice must be accompanied by a prescribed statement or statutory declaration in the respective terms provided for.

The statement to accompany a notice of termination in respect of a termination referred on the grounds of the insufficiency of accommodation shall specify the bed spaces in the dwelling, and the grounds on which the dwelling is no longer suitable having regard to the bed spaces and the size and composition of the occupying household.

The statutory declaration that is to accompany a notice of termination in respect of a termination in respect of sale shall include a declaration that the landlord intends to enter into an enforceable agreement to transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling.

Notice Issues Refurbishment

In a case based on refurbishment  or renovation of  the dwelling or the property containing the dwelling in a way which requires the dwelling to be vacated for that purpose (and, where planning permission is required for the carrying out of that refurbishment or renovation, that permission has been obtained), the notice of termination (the “notice”)  is to contain or be  accompanied, in writing, by a statement—

• specifying the nature of the intended works,
• that, in a case where planning permission has been obtained, a copy of the planning permission is attached to the notice or statement,
• that planning permission is not required and he or she has complied with the below further notice requirements
• that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied— the dwelling becomes available for reletting within the period of 6 months from the expiry of the period of notice required to be given by the notice, or if a dispute in relation to the validity of the notice was referred to the Board  for resolution, the final determination of the dispute, and the tenancy to which the notice related had not otherwise been validly terminated.

The notice of termination or the statement shall—

 be accompanied by a copy of the planning permission required for the carrying out of the refurbishment or renovation of the dwelling concerned, and 

specify, where planning permission is not required(i) the name of the contractor, if any, employed to carry out the intended works, and  the dates on which the intended works are to be carried out and the proposed duration of the period in which those works are to be carried out.

Notice Issues Change of Use

Where the ground of termination is that the landlord intends to change the use of the dwelling or the property containing the dwelling to some other use (and, where planning permission is required for that change of use, that permission has been obtained) the notice of termination (the “notice”) is to contains or be accompanied, in writing, by a statement—

• specifying the nature of the intended use,
• that, in a case where planning permission has been obtained, a copy of the planning permission is attached to the notice or statement,
• as to whether any works are to be carried out in respect of the change of use and where such works are required to be carried out, specifying—(i) details of those works,(ii) the name of the contractor, if any, employed to carry out such works, and(iii) the dates on which the intended works are to be carried out and the proposed duration of the period in which those works are to be carried out, and]
• that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied—(i) the dwelling becomes available for reletting within the period of 6 months from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice was referred to the Board  the final determination of the dispute, and(ii) the tenancy to which the notice related had not otherwise been validly terminated.

The notice of termination in respect of a termination shall be accompanied by a copy of the planning permission required for the carrying out of the change of use of the dwelling concerned.

Tenant Issues

The tenant may, at any time, terminate the Part 4 tenancy, subject to giving the required amount of notice.  If a tenant who is in arrears of rent vacates the dwelling without giving the landlord the required amount of notice or if a tenant at least 28 days in arrears of rent vacates without any notice, the Part 4 tenancy is deemed to be terminated so that the landlord can recover possession.

The Act prohibits the parties to a tenancy from entering into a contract that varies, modifies or restricts the provisions in relation to termination (or other rights), unless to give the tenant greater security of tenure.

The Act allows a tenant to bring a complaint to the Board that he/she was unjustly deprived of possession where his/her tenancy was terminated on the basis of one of the grounds listed (relating to a landlord’s intentions) and the ground  turned out to be false, or an offer of re-instatement required to be made was not so made. The Board may, if appropriate, award damages in such cases.

 On the hearing of a complaint  in respect of a notice of termination, an adjudicator or the Tribunal, as the case may be, may make a determination that a slip or omission which is contained in, or occurred during the service of, the notice of termination shall not of itself render the notice of termination invalid, if he or she or it, as the case may be, is satisfied that

• the slip or omission concerned does not prejudice, in a material respect, the notice of termination, and
• the notice of termination is otherwise in compliance with the provisions of the Act.

Notice Periods

The minimum notice periods in respect of termination by the landlord (in respect of the respective tenancy durations)

• Less than 6 months- 28 days
• 6 or more months but less than 1 year- 35 days
• 1 year or more but less than 2 years- 42 days
• 2 years or more but less than 3 years- 56 days
• 3 years or more but less than 4 years- 84 days
• 4 years or more but less than 5 years- 112 days
• 5 years or more but less than 6 years- 140 days
• 6 years or more but less than 7 years- 168 days
• 7 years or more but less than 8 years- 196  days
• 8 Years or more 224 days

The minimum notice periods in respect of termination by the tenant (in respect of the respective tenancy durations)

• less than 6 months- 28 days
• 6 or more months but less than 1 year- 35 days
• 1 year or more but less than 2 years- 42 days
• 2 year or more but less than 4 years- 56 days
• 4 year or more but less than 8 years- 84 days
• 82 or more years- 112 days

Termination Notice Issues

Notice periods commence on the day following service of the notice and the duration of a tenancy is the period between its commencement date (as defined) and the date of service of the termination notice.

A termination notice must be in writing, be signed by the person serving it, specify the date of service, the date the tenancy will terminate and the  termination ground (in accordance with one of the valid grounds) (where issued by the landlord and the tenancy duration exceeds 6 months). It must also advise the recipient that any dispute as to the validity of the notice may only be referred to the Board within 28 days of its receipt.

The date to be specified in the notice as the termination date is the last day of the period of notice required to be given or such longer period as the party chooses to give. The date of service specified in the notice is not valid if any of the steps involved in serving the notice remains untaken on that specified date.

Shorter Notices by Landlord

There are shorter notice periods applicable where the termination of the tenancy by the landlord is due to the tenant’s failure to comply with the tenancy obligations.

In the case of serious anti-social behaviour falling within the definitions or behaviour that is threatening to fabric of the dwelling or property containing the dwelling, the notice period is 7 days.

In the case of a tenancy under the statutory right of renewal the period is 28 days in respect of and following an unremedied breach where the tenant has been duly notified of the breach of the obligation and given the reasonable opportunity to remedy it..

In the case of other tenancies , the notice period is 28 days where termination is based on an unremedied breach other than for non-payment of rent. Where the grounds is  the nonpayment of rent, the period is 28 days, once 14 days have elapsed from the service of notice on the tenant seeking the rent due.

Shorter Notice by Tenant

There are shorter notice periods applicable where the termination of the tenancy by the tenant is due to the landlord’s failure to comply with the tenancy obligations. Where the landlord has been notified of the breach and has failed to remedy it within a reasonable time, the notice to be given by the tenant is 28 days.

Where a breach by the landlord of a tenant’s right to peaceful occupation involves behaviour that poses an imminent danger of death or serious injury or danger to the fabric of the dwelling, the notice period is 7 days.

The parties to agree to any lesser notice period that they choose but this can only be done when one party has been advised of the other party’s decision to terminate and such an agreement cannot be made when a tenancy is being entered into.

Sub-Let Properties

The following additional requirements and procedures apply where a tenancy is sub-let

The landlord of a tenancy that has been sub-let is to indicate in a notice of termination served in respect of the  head tenancy whether or not he/she requires the sub-tenancy to be terminated. If the sub-tenancy is required to be terminated, the landlord must also serve a copy of the notice of termination on the sub-tenant.

A head-tenant, who is not disputing the validity of a termination notice served on him/her, is to serve a notice of  termination on the sub-tenant within 28 days.

A head-tenant, who has received a notice of termination indicating that termination of the sub-tenancy is not required, to notify the sub-tenant within 28 days of the contents of the termination notice and, where the head-tenant is referring a dispute as to the validity of that notice to the Board, of that referral.

Where a dispute referral results in a determination order of the Board, the head-tenant must notify the sub-tenant of the particulars of the order within 14 days of receipt.