Under Section 34(f) of the Residential Tenancies Act 2004, a landlord may terminate a Part 4 tenancy where they intend to change the use of the dwelling — for example, converting it to commercial use, short-term holiday letting, or professional offices. No statutory declaration is required, but the landlord must be prepared to demonstrate the change of use if challenged.
Key Points for Landlords
- No statutory declaration is required for change of use notices
- The intended change of use must be genuine and verifiable
- Planning permission may be required for change of use — check with your local authority
- If the dwelling is re-let as a residential property shortly after, the RTB can investigate
- This ground is less commonly used than grounds (c) and (d)
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Generate My Notice of TerminationFrequently Asked Questions
Does change to holiday letting qualify under Section 34(f)?
Yes — converting a property from long-term residential letting to short-term holiday accommodation constitutes a change of use for the purposes of Section 34(f). However, note that many local authorities now require planning permission for this conversion, and short-term letting platforms operate under separate regulations in Ireland.
Do I need planning permission to change the use?
Changing from residential to commercial use typically requires planning permission from the relevant local authority. Even within residential use, converting to short-term holiday letting in some areas may require permission. Obtain any required consents before or promptly after serving notice.
What happens if I change my mind and re-let the property?
If you re-let the property as residential shortly after terminating on change of use grounds without the intended change having occurred, the RTB can treat this as an unlawful termination and award compensation to the former tenant. Only use this ground if the intended change of use is genuine.
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.