Ending tenancies frequently asked questions

How much notice do I need to give to end a tenancy?

The amount of notice that needs to be given to end a tenancy will depend on the type of tenancy agreement made between the landlord and the tenant and the circumstances at the time.

Fixed-term tenancies are for a specific length of time and cannot be ended with notice.

Periodic tenancies and service tenancies can be ended with notice.

To end a periodic tenancy a landlord can give a tenant a minimum of 42 days’ written notice if:

• they have an unconditional offer for the sale of the property and the sale and purchase agreement requires vacant possession be given to the purchaser
• they wish to occupy the property themselves as their home. This cannot be for a holiday, a weekend retreat, or to renovate the property while retaining a home elsewhere.
• they wish to use the property for a member of their family to live in as their home. This cannot be for a holiday or a weekend retreat.
• they wish to use the property to house an employee as their home and the tenancy agreement with the tenant states that they might use the property for this purpose.

In all other cases the landlord must give the tenant a minimum of 90 days’ notice to terminate a periodic tenancy.

These notice periods may also be able to be used for a service tenancy where the employment of the tenant has not ended. Before giving such a notice to a tenant on a service tenancy, the landlord should check their employment contract with the Department of Labour as service tenancies are linked to an employee’s contract of employment. The Department of Labour Employment Relations unit can be phoned on 0800 20 90 20.

Where an employee’s service has been terminated or notice to terminate their contract of service has been given, the minimum notice periods a landlord or tenant could give depend on the circumstances and may be much shorter than for a periodic tenancy. To find out what notice periods would apply, contact us on 0800 83 62 62.

A landlord cannot issue a notice to terminate a tenancy in retaliation for any complaint against the landlord, or by the exercise or proposed exercise of any right, power or authority that is conferred on the tenant by the tenancy agreement, the Residential Tenancies Act 1986, or any other enactment. Where the landlord does issue a retaliatory notice, the tenant can apply, within 14 working days after they received the notice, to the Tenancy Tribunal to have the notice set aside.

A tenant should give a minimum of 21 days’ written notice to terminate a tenancy, unless the tenancy agreement allows for a shorter period or the landlord agrees to accept a shorter period. The tenant cannot be required to give a longer period of notice, regardless of what may be in their tenancy agreement.

Notice to terminate a tenancy can be given on any day of any week to end on any day of any week regardless of when rent is normally paid, or the period that it usually covers.

In serving notices to terminate a tenancy, the landlord and tenant should take into account the time required to correctly serve the notices.

How much notice do I have to give to evict a flatmate or a boarder?

The Residential Tenancies Act 1986 covers the relationship between landlords and tenants for residential tenancies that fall within the jurisdiction of the Act. It does not deal with disputes between flatmates.

Citizens Advice Bureaux  can offer advice on boarder or flatmate issues.

How do I end a fixed-term tenancy early?

Fixed-term tenancies are for a specific length of time and cannot be ended with notice. They can be ended early by the mutual agreement of all of the parties to the tenancy agreement, or by assigning the tenant’s interest in the tenancy to someone else.

The Tenancy Tribunal may terminate a fixed-term tenancy where there has been a breach of the tenancy agreement or the Residential Tenancies Act 1986 and it would not be equitable to allow the tenancy to continue. It may also terminate the tenancy where the landlord or tenant has suffered a serious unforeseen change in circumstances which would cause them hardship to continue with the tenancy, and greater hardship than would be caused to the other party to the tenancy by ending the tenancy early. Where the tenancy is ended early, compensation may be awarded to the other party.

What happens if I remain in the property after the fixed-term tenancy ends?

A 90 day limbo period applies if a tenant remains in the property after the fixed term tenancy ends.  This means a tenant can move out or be asked to leave without notice. 

If the tenant remains in the property after the 90 day limbo period has passed, the notice periods of a periodic tenancy apply.  The tenant is required to give 21 days notice before moving out in a periodic tenancy.