Under Section 34(g) of the Residential Tenancies Act 2004, a landlord may terminate a Part 4 tenancy where the dwelling is no longer suited to the accommodation needs of the occupying household, having regard to the size of the household relative to the size of the dwelling. This ground is most commonly used where the number of occupants has grown well beyond what the property can reasonably accommodate.
Key Points for Landlords
- The test is the size of the household against the size of the dwelling — not tenant conduct
- No statutory declaration is required for this ground
- You must be able to justify the mismatch if the notice is challenged at the RTB
- This is a distinct ground from anti-social behaviour or breach of obligations
- RTBNotice.ie generates the correct Section 34(g) wording and notice period
What Counts as "No Longer Suited"?
There is no single fixed occupancy limit set out in the Act — the RTB assesses this on the facts of each case, generally by reference to the number of bedrooms, floor area, and any relevant standards for private rented accommodation. A one-bedroom apartment that has come to house a household of six is a clear example; a marginal increase in household size is unlikely to meet the threshold on its own.
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Generate My Notice of TerminationFrequently Asked Questions
Do I need a statutory declaration for a Section 34(g) notice?
No — unlike sale, refurbishment or landlord-required grounds, unsuitable occupation does not require a statutory declaration to accompany the notice.
Can I use this ground if the tenant sublet without permission?
Unauthorised subletting is more properly addressed as a breach of tenant obligations under Section 34(b), since it is a breach of a specific tenancy term rather than a question of dwelling suitability. The two grounds can overlap in practice but are legally distinct — choose the ground that best fits the facts.
What notice period applies to a Section 34(g) termination?
The standard notice period based on the length of the tenancy applies, the same as most other grounds. Use the RTB notice periods table to confirm the exact period for your tenancy's duration.
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.