Under Section 34(e) of the Residential Tenancies Act 2004, a landlord may terminate a Part 4 tenancy where they need vacant possession to carry out substantial refurbishment or renovation that cannot reasonably be done with the tenant in place. A statutory declaration must accompany the notice, and the tenant has a right of first refusal to return once works are complete.
Key Points for Landlords
- A statutory declaration confirming the need for vacant possession must accompany the notice
- The refurbishment must be "substantial" — cosmetic redecoration is unlikely to qualify
- The tenant has a right of first refusal to re-occupy the dwelling at the previous rent after works
- You must notify the former tenant in writing when the works are complete and the property is available
- RTBNotice.ie generates the statutory declaration wording as part of your notice
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Generate My Notice of TerminationFrequently Asked Questions
What counts as "substantial" refurbishment?
There is no statutory definition of substantial. In practice, RTB adjudicators look for works that are significant in scale and genuinely require vacant possession — structural works, major rewiring, full bathroom or kitchen replacement, roof works. Repainting, carpet replacement, or minor repairs generally do not qualify. You should be prepared to produce planning permissions, contractor quotes, or building specifications if challenged.
How does the tenant's right of first refusal work?
Once the refurbishment is complete and the property is available, you must notify the former tenant in writing at their last known address. The notice must state the property is available and invite them to re-occupy. The tenant then has a reasonable period to respond. You can offer the property at the same rent as when they vacated (subject to any lawful RPZ adjustment).
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. Bring the printed notice to a solicitor (typically €5–€20 fee) who witnesses your signature under oath. Attach the signed declaration when serving the notice.
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.