The Residential Tenancies (Amendment) Act, 2019 has introduced a number of changes effective as of the 4th June 2019, with regard to the obligations and procedures for landlords ending a tenancy on the following grounds:
- The landlord requires the property for personal or family use –
If the landlord or a family member intends to live in the property, a statutory declaration to this effect must accompany the notice of termination. If the property becomes available for rent again, the landlord must offer the property back to the tenant who had to vacate it within 12 months (previously 6 months) from the expiry of the notice period.
- The landlord wants to sell the property –
Again, the landlord must furnish a statutory declaration confirming that he intends to sell the property with the notice of termination. The legislation has now extended the time period within which the landlord may sell the dwelling to 9 months from the termination date. However, there is also an added obligation on the landlord to offer the property back to the tenant within 12 months of the expiry of the notice period if the property becomes available for rent again.
- Significant refurbishment of the property is being undertaken –
If a landlord wants to carry out substantial refurbishment to his property, he can end the tenancy. However, the notice of termination must state if planning permission is required, the name of the contractor, the date on which the intended works are to be carried out and the proposed duration of the works. Since the 4th June 2019, the notice of termination must also be accompanied with a certificate in writing of a registered professional stating that the proposed refurbishment or renovation works will pose a threat to the health and safety of the occupants of the dwelling and should not proceed while the dwelling is occupied and such risk is likely to exist for such period as specified in the certificate which shall not be less than 3 weeks. The landlord is now obliged to offer the property back to the original tenant on completion of the works.
- The use of the property is changing –
If a landlord intends to change the use of the property e.g. from residential to commercial letting, the landlord is permitted to terminate the tenancy. However, the notice of termination must clearly state the new intended use of the property, a copy of the planning permission if relevant, details of the works to be carried out, the name of the contractor and the dates and proposed duration of the works. Since 4th June 2019, the landlord must offer the property back to the tenant within 12 months from the expiry of the notice period.
Furthermore, it is important to note that from 4th June 2019, the notice period which a landlord must provide to a tenant when terminating a tenancy has been extended depending on how long the tenant has lived in the property. If you fail to serve the correct number of days’ notice, the notice of termination can be invalidated in full.