How to Serve a Notice of Termination in Ireland

Terminating a tenancy in Ireland is a strictly regulated process. A single error in your Notice of Termination — a wrong date, a missing statutory ground, or an unsigned document — renders it legally void. The tenancy continues as if the notice was never served, and you must start the entire process again.

This guide covers everything a landlord needs to know to serve a valid notice under the Residential Tenancies Act 2004 (as amended by the 2015, 2019, 2021 and 2022 Acts).

1. When Can a Landlord Terminate a Tenancy?

In the first 6 months of a tenancy, a landlord can terminate without providing any ground (reason), subject to the correct notice period.

After 6 months, the tenant acquires Part 4 rights under the Residential Tenancies Act 2004. From this point, a landlord can only terminate on one of the 6 statutory grounds listed in Section 34. Attempting to terminate without a valid ground is unlawful.

2. The 6 Statutory Grounds for Termination

Under Section 34 of the Residential Tenancies Act 2004, a landlord with a Part 4 tenancy may only terminate on these grounds:

Section 34(a) — Rent Arrears

The tenant has failed to pay rent. No statutory declaration is required. You should document the amount owed and the dates of non-payment. A warning notice is typically recommended before serving a termination notice on this ground.

Section 34(b) — Breach of Obligations

The tenant has failed to comply with any other obligation of the tenancy agreement — for example, anti-social behaviour, unauthorised subletting, or causing damage to the property. No statutory declaration is required, but you should have documented evidence of the breach and any prior warnings.

Section 34(c) — Property Required by Landlord

The landlord requires the dwelling for occupation by themselves or a family member. A statutory declaration confirming this intention must accompany the notice. If the property is not occupied as intended within a reasonable period, the tenant may have a claim against the landlord.

Section 34(d) — Intention to Sell

The landlord intends to sell the dwelling within 9 months of the termination date. A statutory declaration confirming the intention to sell must accompany the notice. If the property is not listed for sale within a reasonable time, the RTB can investigate.

Section 34(e) — Substantial Refurbishment

The landlord requires vacant possession to carry out substantial refurbishment or renovation that cannot be reasonably carried out with the tenant in place. A statutory declaration is required. The tenant has a right of first refusal to return to the property once refurbishment is complete.

Section 34(f) — Change of Use

The landlord intends to change the use of the dwelling — for example, converting it to commercial use. No statutory declaration is required, but you should be prepared to demonstrate the change of use if challenged.

3. Notice Periods

The notice period depends on how long the tenancy has been in place at the date of service. Under Section 66 of the Residential Tenancies Act 2004 (as amended 2022):

Tenancy Duration	Notice Period
Less than 6 months	28 days
6 months to 1 year	35 days
1 to 2 years	42 days
2 to 3 years	56 days
3 to 4 years	84 days
4 to 5 years	112 days
5 to 6 years	140 days
6 to 7 years	168 days
7 to 8 years	196 days
8 or more years	224 days

4. What Must the Notice Contain?

Under Section 62 of the Residential Tenancies Act 2004, a valid Notice of Termination must:

• Be in writing
• Be signed by the landlord (or authorised agent)
• State the date of service
• Specify the termination date
• State the ground for termination (if Part 4 tenancy)
• State the RTB registration number (if registered)
• Include a statutory declaration where required by the ground

5. How to Serve the Notice

Under Section 6 of the Residential Tenancies Act 2004, a notice must be served by one of these methods:

• Personal delivery to the tenant
• Leaving it at the dwelling
• Sending it by registered post to the tenant at the dwelling

Registered post is strongly recommended as it provides evidence of service if the tenant later disputes receipt at an RTB hearing. Keep your An Post receipt and track the delivery confirmation.

6. What Happens After the Notice Expires?

If the tenant vacates on or before the termination date, the tenancy ends. You should conduct a check-out inspection and return the deposit (less any agreed deductions) within 10 days.

If the tenant remains in the dwelling after the termination date (overholding), do not attempt to physically remove them or cut off utilities. This constitutes an illegal eviction under Section 78 of the Residential Tenancies Act 2004 and can result in significant penalties.

Instead, apply to the RTB for a dispute resolution hearing. The RTB can issue a determination order requiring the tenant to vacate, which can then be enforced through the Circuit Court if necessary.

7. Frequently Made Mistakes to Avoid

• Calculating the notice period from the wrong start date
• Failing to register the tenancy with the RTB before serving notice
• Using an outdated notice period (the 2022 amendments significantly increased periods)
• Serving notice by ordinary post rather than registered post
• Not obtaining a statutory declaration before serving on grounds (c), (d), or (e)
• Attempting to terminate mid-fixed-term without a break clause