Under Section 34(d) of the Residential Tenancies Act 2004, a landlord may terminate a Part 4 tenancy where they intend to sell the dwelling within 9 months of the termination date. A statutory declaration confirming the genuine intention to sell must accompany the notice.
Key Points for Landlords
- A statutory declaration confirming intention to sell within 9 months must accompany the notice
- The property must be listed for sale within a reasonable time after termination
- If not listed for sale, the RTB can investigate and the tenant may have a claim
- RTBNotice.ie generates the statutory declaration wording as part of the notice
- Selling with the tenant in situ is a separate arrangement and does not require this notice
Generate your notice now
Ground pre-selected · Notice period auto-calculated · Correct RTA 2004 section cited · Free preview · €14.99 to download
Generate My Notice of TerminationFrequently Asked Questions
Does the property have to actually sell, or just be listed?
The obligation is to genuinely intend to sell within 9 months and to take steps toward that goal (listing with an agent, instructing a solicitor, etc.). If the property fails to sell, you are not penalised provided the intention was genuine. However, withdrawing from sale and immediately re-letting raises serious questions.
Can I serve notice if I haven't appointed an estate agent yet?
Yes — the statutory declaration is about intention, not a completed appointment. However, you should appoint an agent or begin the sale process promptly after the termination date. Unreasonable delay in listing the property undermines the validity of the ground.
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 bring the printed notice to a solicitor (typically €5–€20 fee) who witnesses your signature under oath. Attach the signed declaration to the notice when serving.
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.