Residential Tenancies Act 2004
Requirements for a valid notice of termination.
62.—(1) A notice of termination to be valid shall—
(a) be in writing,
(b) be signed by the landlord or his or her authorised agent or, as appropriate, the tenant,
(c) specify the date of service of it,
(d) be in such form (if any) as may be prescribed,
(e) if the duration of the tenancy is a period of more than 6 months, F142[or the tenancy is a further Part 4 tenancy,] state (where the termination is by the landlord) the reason for the termination,
(f) specify the termination date, that is to say, the day (stating the month and year in which it falls)—
(i) on which the tenancy will terminate, and
(ii) on or before which (in the case of a termination by the landlord) the tenant must vacate possession of the dwelling concerned, (and indicating that the tenant has the whole of the 24 hours of the termination date to vacate possession),
and
(g) state that any issue as to the validity of the notice or the right of the landlord or tenant, as appropriate, to serve it must be referred to the Board under Part 6 within 28 days from the date of receipt of it.
(2) Subsection (1) is without prejudice to Chapter 4 and section 81(3) (which specify additional requirements in respect of a tenancy that has been sub-let).
Annotations
Amendments:
F142
Inserted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 42, S.I. No. 7 of 2017.
Modifications (not altering text):
C38
Application of chapter restricted (29.10.2022) by Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 (34/2022), s. 3, commenced on enactment.
Notice of termination served during winter emergency period
3. (1) Notwithstanding Chapters 2 and 3 of Part 5 of the Act of 2004, a notice of termination, other than a notice of termination referred to in section 2 (2), in respect of a tenancy of less than 6 months duration that is served by a landlord during the winter emergency period shall not specify a termination date that falls earlier than 18 June 2023.
(2) A notice of termination served in contravention of subsection (1) shall be invalid.
...
C39
Application of subs. (1)(g) restricted (7.10.2004) by Residential Tenancies Act 2004 (Section 202) Regulations 2004 (S.I. No. 649 of 2004).
2. Section 62(1)(g) of the Residential Tenancies Act 2004 does not apply to a notice of termination the date of service of which is earlier than the day on which Part 6 of the Act comes into operation.