Under Section 34(c) of the Residential Tenancies Act 2004, a landlord may terminate a Part 4 tenancy where the dwelling is required for occupation by the landlord themselves, or by a member of the landlord's family. This ground requires a statutory declaration to accompany the notice.
Key Points for Landlords
- A statutory declaration confirming the genuine intention to occupy must accompany the notice
- Family members covered: spouse/civil partner, child, parent, sibling, grandparent, grandchild
- The occupation must be genuine — if the property is re-let within 12 months, the tenant may have a claim
- RTBNotice.ie generates the statutory declaration wording as part of the notice
- The tenant has no right of first refusal on this ground (unlike refurbishment)
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Generate My Notice of TerminationFrequently Asked Questions
What is a statutory declaration and how do I get one?
A statutory declaration is a written statement made under oath before a solicitor, notary public, or Commissioner for Oaths. RTBNotice.ie generates the declaration text as part of your notice. You then bring the printed notice to a solicitor (typically €5–€20 fee) who witnesses your signature under oath. The signed declaration must be attached to the notice when served.
Which family members qualify under Section 34(c)?
The Residential Tenancies Act 2004 defines family member as: spouse or civil partner, child or grandchild, parent or grandparent, sibling. Step-relatives and in-laws are generally not included. The family member must intend to use the property as their primary residence.
What happens if I change my mind after serving notice?
If you do not occupy the property (or your family member does not) within a reasonable period after the termination date, the tenant may make a complaint to the RTB. The RTB can award compensation of up to 100 times the weekly rent. Only serve on this ground if the intention 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.