Tenancy A-Z

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |

Notice to terminate a tenancy

A fixed-term tenancy 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.

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.

Outgoings

Outgoings are costs in addition to rent, bond, or agent’s and solicitor’s fees. They may include rates, insurance, water charges, phone, electricity and gas charges.

All outgoings are payable by the landlord except for the following, which are payable by the tenant.

All charges for gas and electricity supplied to the property.
Water charges, including standard meter readings, where the tenancy agreement says the tenant shall pay for water, the premises has its own meter, and the water supplier charges for water to the premises on the basis of metered usage.
All charges for any telephone connected to the property.

The landlord may also be responsible for any or all of these charges where the landlord and tenant have both agreed to this in writing.

Periodic tenancy

Periodic tenancies are ongoing tenancies of no fixed length that can be ended by giving notice.

In most situations, a tenant must give 21 days’ notice in writing, and a landlord must give 90 days’ notice in writing.

Possession of premises

When a landlord rents a premises to a tenant, they surrender possession of the premises to the tenant. The landlord does not become entitled to possession of the premises until either the tenant hands possession of the premises back to the landlord, or the Tenancy Tribunal grants a possession order to the landlord handing back possession of the premises to the landlord.

Where a tenant remains in possession of the premises after their tenancy has ended, the landlord’s and tenant’s obligations to each other continue until the tenant hands possession of the premises to the landlord or until the landlord enforces a possession order against the tenant to recover their premises.

If the tenant retains possession of the premises for more than 90 days after the end of the tenancy, a new periodic tenancy is automatically granted to them on the same terms and conditions as the previous tenancy agreement.

In order to enforce an order for possession of the premises, the person entitled to possession of the premises must file the order with the District Court Collections Unit. Any person who does not use the District Court to enforce a possession order and enters onto or into any land or residential property to which the Residential Tenancies Act 1986 applies to seize possession of it without the tenant’s consent, commits an unlawful act for which they can be fined or imprisoned.

Quiet enjoyment

The tenant may not unreasonably interfere with the peace, comfort and privacy of neighbours, or their landlord’s other tenants.

The landlord may not unreasonably interfere with the tenant’s peace, comfort or privacy in use of the tenancy. They must also take steps to ensure that none of their tenants unreasonably interfere with the quiet enjoyment of any of their other tenants.

Where either the landlord or tenant is in breach of their obligations surrounding quiet enjoyment, they can be issued with a notice to remedy. Where this is not complied with, or the breach is so serious that it would be unfair for the tenancy to continue, an application may be made to the Tenancy Tribunal to end the tenancy and compensation may also be sought against the party who committed the breach.