Ending Tenancy

 

In Private Rented Accommodation the tenancy / lease agreement may give a longer period of notice, and a landlord and tenant may also agree to a shorter period of notice, but this can only be agreed when a notice has been given. The law sets out minimum notice periods (see table below). Recent changes to the legislation have extended the notice periods which a landlord must provide to a tenant when issuing a notice.  It is important that those issuing notices of termination familiarise themselves with the notice periods, as failing to issue a notice of termination with the correct number of days may invalidate the notice of termination in full.
Some key information for students wishing to end a tenancy can be found here.

 

Start of Notice Period

 

By law, the notice period starts the day after the tenant receives the notice. So, if the tenant receives the notice on a Monday, the notice period is counted from the Tuesday. It is a good idea to give some extra days’ notice to make sure the legal minimum notice period is covered.

Invalid notice of termination is a common issue in dispute cases and in 2016 43% of notices of termination were invalid. This was due to many reasons, the most common being:

  • insufficient notice being given (day one is counted from the day after serving the notice) and;
  • not allowing the minimum 14 day warning letter for rent arrears to expire before serving a 28-day notice of termination.

 

Notice Required

 

The amount of notice required to end a tenancy depends on how long the tenant has lived in the property. The lease agreement may give a longer period of notice to the tenant, and a landlord and tenant may also agree to a shorter period of notice, however, this can only be agreed when a notice has been given. The law sets out minimum notice periods which are different for a landlord and a tenant.

From June 4th 2019, the required notice to end a tenancy for a landlord is:

Duration of a tenancy

Landlord notice period

Less than 6 months

28 days

Not less than 6 months, but less than one year

90 days 

Not less than one year, but less than three years 

120 days 

Not less than three years, but less than seven years 

180 days 

Not less than seven years, but less than eight years 

196 days 

Not less than eight years

224 days 

 

Duration of a tenancy

Tenants notice periods

Less than 6 months

28 days

6+ months, but less than 1 year

35 days

1+ year, but less than 2 years

42 days

2+ years but less than 4 years

56 days

4+ years but less than 8 years

84 days

8+ years

112 days

 

A tenancy can also be ended if both a landlord and tenant agree to terminate a lease.

 

7 Day Notice

 

If there is a high and imminent risk of death, serious injury or danger to the structure of the property as a result of the landlord’s failure to comply with their obligations, the tenant only has to give 7 days notice. Warning letters do not need to be sent in this situation.

 

Source: Residential Tenancies Board. You can access more information here.