A Dubliner's Guide to the Residential Tenancies Act 2004 ... - Dublin.ie

6.2 Grounds for Termination
The grounds on which a tenancy can
be ended are as follows:
a) If a tenant is in breach of an
obligation of their tenancy as outlined
in Section 2.2.
b) If the property is not suited any
more to the tenant’s needs, for
example, if it becomes overcrowded.
c) If the landlord intends to sell the
property within three months.
d) If the landlord requires the property
for their own, or a family members’,
use. In this case, a Notice of
Termination must be given and it must
specify the identity of the intended
occupant, his or her relationship with
the landlord, and the expected
duration of the occupation.
e) If the landlord intends to
substantially refurbish or renovate the
dwelling, which would require the
dwelling to be vacated for that
purpose. If planning permission is
required for the carrying out of that
refurbishment, then permission must
be obtained and a Notice of
Termination must be served specifying
the nature of the intended works.
In the case of e, if the dwelling ever
becomes available for re-letting the
tenant must also receive a similar offer
to reoccupy.
In the cases of e or f, planning
permission must be obtained prior to
the Notice of Termination being given.
A tenant may at any time terminate a
Part 4 Tenancy (see Section 4.0) by
serving the landlord with a Notice of
Termination giving the required period
of notice. A tenant will be considered
to have ended a Part 4 Tenancy if:
• They vacate the dwelling
• Before vacating the dwelling they
give Notice of Termination in respect
of the tenancy to the landlord
• Before leaving the dwelling the rent
has fallen into arrears.
There is also deemed to be a
termination of the Part 4 Tenancy by
the tenant if they are more than 28
days late in paying rent or the tenant
has vacated the dwelling without
service of any notice on the landlord.
f) If the landlord intends to change the
business use of the dwelling. In this
case planning permission must also be
obtained and a Notice of Termination
must be served in writing, specifying
the nature of the intended use.
In the cases of d and f, if the property
becomes vacant again within six
months from the expiry of the period of
the notice served, the tenant must
receive an offer to reoccupy.
A Dubliner’s Guide to the Residential Tenancies Act, 2004 16
(Updated January 2008)