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)
Who Can Occupy the Property Under Section 34(c)?
The landlord may serve on this ground if they, or a qualifying family member, require the dwelling as their primary residence. The Residential Tenancies Act 2004 defines qualifying family members as: spouse or civil partner, child, grandchild, parent, grandparent, and sibling of the landlord. Step-relatives and in-laws are not explicitly included in the statutory definition. The person moving in must intend to use it as their principal private residence, not as a second home or investment property.
RTB Notice Periods — Landlord Required (2026)
The notice period depends on the total duration of the tenancy at the date the notice is served, under the Residential Tenancies Act 2004 (as amended):
| Tenancy Duration | Notice Period |
|---|---|
| Less than 6 months | 28 days |
| 6 months – 1 year | 35 days |
| 1 year – 2 years | 42 days |
| 2 years – 3 years | 56 days |
| 3 years – 4 years | 84 days |
| 4 years – 5 years | 112 days |
| 5 years – 6 years | 140 days |
| 6 years – 7 years | 168 days |
| 7 years – 8 years | 196 days |
| 8 years or more | 224 days |
The Statutory Declaration: What It Is and How to Get One
A statutory declaration is a written statement made under oath. Under Section 34(c), a landlord must swear (or affirm) that they — or their named family member — genuinely intend to occupy the dwelling as their principal private residence. RTBNotice.ie generates the exact statutory declaration wording required. Here is how to complete it:
- Generate the notice and declaration. RTBNotice.ie generates both the Notice of Termination and the statutory declaration text in a single document. Print the document.
- Bring the printed document to a solicitor. Any solicitor, notary public, or Commissioner for Oaths can witness a statutory declaration. The fee is typically €5–€20. Do not sign the declaration before attending — you must sign it in front of the witness.
- Sign in front of the witness. The solicitor will ask you to state that you have read the declaration and that its contents are true. You sign, then they sign and stamp.
- Attach the declaration to the notice. The signed statutory declaration must be physically attached to, or enclosed with, the Notice of Termination when it is served on the tenant. A notice served without it is invalid.
- Serve the notice. Deliver by registered post (recommended), personal service, or through the tenant's letterbox. Retain proof of posting.
The 12-Month Re-Letting Rule
This is one of the most important protections for tenants under Section 34(c). If, within 12 months of the termination date, the landlord decides not to occupy the property themselves (or with a family member) and instead re-lets it, they are legally required to offer the tenancy back to the former tenant at the same or lower rent. This must happen before the property is advertised or let to anyone else.
The landlord must notify the former tenant in writing and give them a reasonable opportunity to accept the offer. Failure to comply can result in the former tenant making a dispute application to the RTB, which can award compensation of up to 100 times the monthly rent where a fraudulent or unjustified notice was served.
What If the Tenant Disputes the Notice?
A tenant who receives a Section 34(c) notice and believes it is not genuine can refer a dispute to the RTB within the notice period. The RTB will investigate whether the landlord's stated intention is genuine. Evidence the RTB may consider includes: whether a planning application has been made to convert the property, whether the landlord has multiple similar properties being re-let, or whether the landlord has previously served on this ground and then re-let immediately. Serving a fraudulent Section 34(c) notice is a serious matter with significant financial consequences.
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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.
What is the 12-month rule for landlord required notices?
If, within 12 months of the termination date, you decide to re-let the property rather than occupy it yourself or with family, you are legally required to offer the tenancy back to the former tenant at the same or lower rent. This must happen before you advertise or let to anyone else. Failure to comply can result in an RTB claim for significant damages.
Does the tenant have a right of first refusal if I later decide to re-let?
Yes. If you re-let the property within 12 months of the termination date, you must offer the tenancy back to the former tenant at the same or lower rent before listing it elsewhere. This is a statutory right under the Residential Tenancies Act 2004 (as amended). The offer must be made in writing, with a reasonable window for the tenant to respond.
Related Guides
See our full guide to serving a Notice of Termination in Ireland, the RTB notice periods table, what a valid notice of termination template must contain, and the common reasons a notice is ruled invalid.