Residential Tenancies Act 2004

Grounds for termination by landlord.

34

34.F64 [ Subject to section 35A , a Part 4 tenancy ] may be terminated by the landlord—

( a) on one or more of the grounds specified in the Table to this section if—

(i) a notice of termination giving the required period of notice is served by the landlord in respect of the tenancy, F65 [ ]

F66 [ (ii) the notice of termination cites as the reason for the termination the ground or grounds concerned and contains or is accompanied

(I) in the case of paragraph 2 , 5 or 6 of that Table, by the statement referred to in that paragraph, and

(II) in the case of paragraph 3 or 4 of that Table, by the statutory declaration referred to in that paragraph,

and ]

F67 [ (iii) in the case of a notice of termination that cites as the reason for the termination the ground specified in paragraph 5 , the notice of termination contains or is accompanied by a certificate in writing of a registered professional (within the meaning of the Building Control Act 2007 ) stating that

(I) the proposed refurbishment or renovation works would pose a risk to the health or safety of the occupants of the dwelling concerned and should not proceed while the dwelling is occupied, and

(II) such a risk is likely to exist for such period as is specified in the certificate which shall not be less than 3 weeks, ]

( b) irrespective of whether any of those grounds exist, if—

(i) a notice of termination giving the required period of notice is served by the landlord in respect of the tenancy, and

(ii) that period of notice expires on or after the end of the period of F68 [ 6 years ] mentioned in section 28(2)(a) in relation to the tenancy.

TABLE

Grounds for termination

1. The tenant has failed to comply with any of his or her obligations in relation to the tenancy (whether arising under this Act or otherwise) and, unless the failure provides an excepted basis for termination—

( a) the tenant has been notified F69 [ in writing ] of the failure by the landlord and that notification states that the landlord is entitled to terminate the tenancy if the failure is not remedied within a reasonable time specified in that notification, and

( b) the tenant does not remedy the failure within that specified time.

2. The dwelling is no longer suitable to the accommodation needs of the tenant and of any persons residing with him or her having regard to the number of bed spaces contained in the dwelling and the size and composition of the occupying household F69 [ and the notice of termination is accompanied by a statement referred to in section 35 ] .

3. The landlord intends, within F70 [ 9 months ] after the termination of the tenancy under this section, to enter into an enforceable agreement for the transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling F69 [ and the notice of termination is accompanied by a statutory declaration referred to in section 35 ] .

4. The landlord requires the dwelling or the property containing the dwelling for his or her own occupation or for occupation by a member of his or her family and the notice of termination (the “notice”) contains or is accompanied F71 [ by a statutory declaration ]

( a) specifying—

(i) the intended occupant’s identity and (if not the landlord) his or her relationship to the landlord, and

(ii) the expected duration of that occupation,

and

( b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied—

(i) the dwelling is vacated by the person referred to in subparagraph (a) within the period of F70 [ 12 months ] from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, and

(ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 2, 3 or 6 of this Table.

5. The landlord intends to substantially refurbish or renovate the dwelling or the property containing the dwelling in a way which requires the dwelling to be vacated for that purpose (and, where planning permission is required for the carrying out of that refurbishment or renovation, that permission has been obtained) and the notice of termination (the “notice”) contains or is accompanied, in writing, by a statement—

( a) specifying the nature of the F71 [ intended works, ]

F69 [ (aa) that, in a case where planning permission has been obtained, a copy of the planning permission is attached to the notice or statement,

(ab) that planning permission is not required and he or she has complied with the requirements of section 35(9)(b) , and ]

( b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied—

F70 [ (i) the dwelling becomes available for reletting by reason of the completion of the works of refurbishment or renovation, and ]

(ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 2, 3 or 6 of this Table.

6. The landlord intends to change the use of the dwelling or the property containing the dwelling to some other use (and, where planning permission is required for that change of use, that permission has been obtained) and the notice of termination (the “notice”) contains or is accompanied, in writing, by a statement—

( a) specifying the nature of the F71 [ intended use, ]

F69 [ (aa) that, in a case where planning permission has been obtained, a copy of the planning permission is attached to the notice or statement,

(ab) as to whether any works are to be carried out in respect of the change of use and where such works are required to be carried out, specifying

(i) details of those works,

(ii) the name of the contractor, if any, employed to carry out such works, and

(iii) the dates on which the intended works are to be carried out and the proposed duration of the period in which those works are to be carried out,

and ]

( b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied—

(i) the dwelling becomes available for reletting within the period of F70 [ 12 months ] from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, and

(ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 2 or 3 of this Table.

Annotations:

Amendments:

F64

Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 38, S.I. No. 7 of 2017.

F65

Deleted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 12(1)(a), S.I. No. 236 of 2019.

F66

Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 12(b), S.I. No. 236 of 2019.

F67

Inserted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 12(c), S.I. No. 236 of 2019.

F68

Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 ref. no. 1, in effect as per s. 1(3)(b) and s. 37(3), which provides “(3) This section applies to all tenancies created after the coming into operation of this section.”

F69

Inserted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 28(a)-(c), (e)(ii), (iii), (f)(ii), S.I. No. 216 of 2016.

F70

Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 12(2)(a)-(d), S.I. No. 236 of 2019.

F71

Substituted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 28(d), (e)(i), (f)(i), S.I. No. 216 of 2016.

Editorial Notes:

E67

Previous affecting provision: Table, para. 5(b)(i) amended (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 28(e)(ii), S.I. No. 216 of 2016; subpara. (i) substituted as per F-note above.