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Landlords must give longer termination notice to tenants

A new law increases the amount of time landlords must give to tenants when terminating their tenancy

The amendments were made to the Regulation of Providers of Building Works and Miscellaneous Provisions Bill 2022 which will now be sent to the president for signature.

For tenancies with a duration less than  six months, the new notice period is 90 days, up from 28 days.

For tenancies with a duration not less than six months but less than one year, the new notice period is 152 days, up from 90 days.

For tenancies with a duration not less than one year but less than three years, the new notice period is 180 days, up from 120 days.

In Association with

Housing minister Daragh O’Brien said the measure is designed to give greater security of tenure to tenants.

In addition, there is a new requirement on landlords to simultaneously copy the Residential Tenancies Board with the Notices of Termination (NOT) that he or she gives to a tenant. Upon receipt of a NOT, the RTB will be required to:

+  write to the tenant and landlord with information on their rights and obligations under the Residential Tenancies Acts 2004-2021, and on RTB services

+ seek to ascertain the tenant’s contacts details and to pass those details onto the landlord (with the tenant's consent), if requested by the landlord, for the purpose of making a re-let offer in cases of terminations grounded in certain circumstances (a landlord's intention to sell; occupy by the landlord/family member; substantially refurbish/renovate; or change the use of the rented dwelling.

If a landlord does not simultaneously serve a NOT on the tenant and the RTB, the termination notice will be invalid.

Minister O’Brien (pictured) commented: “This measure is being taken alongside a range of other measures in Housing for All to make renting more secure. The extension of these notice periods will give those in tenancies under three years greater security of tenure. It will give them more time to find alternative accommodation if they are required to. Ultimately, the scaling up of housing supply and in particular cost rental housing will give renters real options.”

Housing Referendum

Meanwhile, the Housing Commission has launched a public consultation seeking views on a Referendum on Housing in Ireland. The consultation asks submissions to consider whether there should be a constitutional amendment and if so what form it should take.

The Commission said that members of the public, public representatives, organisations involved in housing, people working in related policy and legal areas are invited to send in submissions to assist the Commission in its task of providing independent advice to the government on a potential constitutional amendment.

The public consultation will remain open until September 2.

Commission chair John O’Connor said there are three ways for people to express their views:

• Through responding to the consultation, ‘Public Consultation on a Referendum on Housing’ here.

• By emailing a submission to: ConsultHC@housingcommission.gov.ie

• By posting a submission to: Housing Commission, Custom House, Dublin 1, D01 W6X0

O’Connor added that respondents are encouraged to keep their submissions to a maximum of 2,500 words.

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