Under Section 34(b) of the Residential Tenancies Act 2004, a landlord may terminate a Part 4 tenancy where the tenant has failed to comply with any obligation of the tenancy. This ground covers anti-social behaviour, causing nuisance to neighbours, unauthorised subletting, and damage to the property beyond fair wear and tear.
Key Points for Landlords
- No statutory declaration is required
- Keep written records of incidents: dates, descriptions, any complaints from neighbours
- Prior written warnings to the tenant strengthen your position significantly
- Photographs and witness statements support RTB dispute proceedings
- The breach must be of a tenant obligation under the RTA 2004 or the tenancy agreement
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Generate My Notice of TerminationFrequently Asked Questions
What counts as anti-social behaviour under the RTA 2004?
Section 17 of the Residential Tenancies Act 2004 defines tenant obligations. Anti-social behaviour includes persistent noise disturbances, intimidation of neighbours, damage to common areas, and behaviour that substantially interferes with the peaceful enjoyment of other occupants. A single minor complaint may not be sufficient grounds — a pattern of behaviour is typically required.
Do I need a prior warning before serving notice for breach of obligations?
While not always strictly required by legislation, a written warning is strongly advisable. The RTB adjudicator will consider whether the tenant was given an opportunity to rectify the behaviour. Without prior warning, the notice is more likely to be challenged successfully.
Can I serve notice for damage to the property?
Yes, if the damage goes beyond fair wear and tear and constitutes a breach of the tenant's obligation to maintain the property in good condition under Section 16(f) RTA 2004. Document the damage with photographs and obtain repair quotes.
Related Guides
See our full guide to serving a Notice of Termination in Ireland, covering all 6 grounds, notice periods, statutory requirements, and how to serve correctly under the Residential Tenancies Act 2004.