Residential Tenancies Act 2004

Period of notice for termination by landlord where tenant in default.

67

67.—(1) This section applies where the tenancy is being terminated by the landlord by reason of the failure of the tenant to comply with any of the obligations of the tenancy.

(2) Where this section applies the period of notice to be given by the notice of termination is—

( a) 7 days, if the tenancy is being terminated by reason of behaviour of the tenant that is—

(i) behaviour falling within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17(1) , or

(ii) threatening to the fabric of the dwelling or the property containing the dwelling,

or

F110 [ ( aa ) in the case of the termination of a Part 4 tenancy, 28 days (regardless of the duration of the tenancy) provided that, where the reason for such termination is the failure by the tenant to pay an amount of rent due, the condition specified in subsection (3) is satisfied, ]

( b) F111 [ in the case of the termination of a tenancy of a dwelling to which Part 4 does not apply, ] 28 days, if the tenancy is being terminated—

(i) for any other reason (but not a failure to pay an amount of rent due), or

(ii) for failure to pay an amount of rent due and the condition specified in subsection (3) is satisfied,

regardless of the duration of the tenancy.

F112 [ (3) The condition that applies in respect of paragraph (aa) and subparagraph (ii) of paragraph (b) of subsection (2) is that—

( a ) the tenant and the Board have been given a notification (in such form as may be specified by the Board) in writing by the landlord that such amount of rent due as is specified in the notification has not been paid to the landlord, and

( b ) that amount is not paid to the landlord within the period of 28 days following—

(i) receipt of the notification by the tenant, or

(ii) receipt of the notification by the Board,

whichever occurs later. ]

F113 [ (3A) Where the Board receives a notification under subsection (3) , it shall forthwith—

( a ) provide the tenant concerned with such information in writing as will enable him or her to obtain advice of the type referred to in paragraph (ca) (inserted by paragraph (a) of section 28 of the Social Welfare (Miscellaneous Provisions) Act 2008) of subsection (1) of section 7 of the Comhairle Act 2000, and

( b ) request the tenant to give his or her consent to the Board’s assisting the tenant in obtaining such advice.

(3B) The Board shall assist a tenant in obtaining advice referred to in subsection (3A) if the tenant gives his or her consent pursuant to a request referred to in that subsection.

(3C) Service of a notice of termination for failure by a tenant to pay an amount of rent due in respect of the tenancy of a dwelling shall be deemed to be invalid if the landlord contravenes subsection (1) of section 39A (inserted by section 11 of the Residential Tenancies and Valuation Act 2020). ]

(4) This section is subject to section 69 .

Annotations

Amendments:

F110

Substituted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 12(a), commenced on enactment.

F111

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 32, S.I. No. 119 of 2016.

F112

Substituted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 12(b), commenced on enactment.

F113

Inserted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 12(c), commenced on enactment.

Modifications (not altering text):

C14

Application of section restricted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020) s. 5(2), commenced on enactment.

Notices of termination served during emergency period

5. (1) This section applies to a notice of termination served on a tenant during the emergency period that cites as a reason for the termination concerned the failure by the tenant to pay an amount of rent due in respect of the tenancy of a dwelling.

(2) Notwithstanding the amendment of section 67 of the Act of 2004 effected by section 12, the said section 67 shall, subject to subsections (3) and (4), have effect in relation to a notice of termination to which this section applies as if the references, in paragraphs (aa) and (b) of subsection (2), to 28 days were references to 90 days.

(3) A notice of termination to which this section applies shall not specify a termination date that falls earlier than 11 January 2021.

...

C15

Period of 14 days in subs. (3) construed and other provisions restricted for emergency period 27.03.2020 to 27.06.2020, extended to 20.07.2020 and to 1.08.2020) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 5, commenced on enactment, extended by S.I. No. 224 of 2020 and S.I. No. 254 of 2020.

Notices of termination under Act of 2004

5. (1) (a) A landlord shall not serve a notice of termination in relation to the tenancy of a dwelling during the emergency period.

(b) A tenant who, but for the operation of subsection (1), would not acquire any rights under Part 4 of the Act of 2004 shall not, by virtue of such operation, acquire such rights.

(2) (a) Subject to paragraph (b), where a notice of termination (that cites as a reason for the termination concerned the ground specified in paragraph 1 of the Table to section 34 of the Act of 2004) served before the emergency period specifies a termination date that falls during or after the emergency period, the termination date under that notice shall be deemed to be the revised termination date.

(b) If a dispute or complaint in respect of a matter that occasioned the giving of a notice to which paragraph (a) applies is referred to the Board in accordance with section 78 of the Act of 2004, that paragraph shall cease to have effect in relation to that notice—

(i) upon the expiration of 10 days from the making of a determination by an adjudicator under subsection (4) of section 97 of the Act of 2004 in relation to the dispute or complaint concerned save where an appeal from that determination is brought before the Tribunal, or

(ii) upon the making of a determination by the Tribunal under section 108 (other than a decision referred to in subsection (2) of that section) of the Act of 2004 in respect of such an appeal.

(3) Where a notice of termination (other than a notice of termination to which subsection (1) applies) referred to in section 34 of the Act of 2004 served before the emergency period specifies a termination date that falls during or after the emergency period, the termination date under that notice shall be deemed to be the revised termination date.

(4) (a) Where a notice of termination in respect of a tenancy of a dwelling of less than 6 months duration served before the emergency period specifies a termination date that falls during or after the emergency period, the termination date under that notice shall be deemed to be the revised termination date.

(b) A tenant shall not, by virtue of the operation of this subsection, acquire any rights under Part 4 of the Act of 2004.

(5) Section 67 of the Act of 2004 shall have effect during the emergency period as if, in subsection (3), “28 days” were substituted for “14 days”.

(6) In this section “revised termination date” means, in the case of a notice of termination served before the emergency period, the date immediately following the expiration of a period that consists of the aggregate of—

(a) the period of notice that remains unexpired on the commencement of the emergency period, and

(b) the emergency period.

(7) (a) Notwithstanding any of the provisions in this section, all proposed evictions in all tenancies in the State, including those not covered by the Act of 2004, are prohibited during the operation of the Emergency Measures in the Public Interest (Covid-19) Act 2020.

(b) For the avoidance of doubt, this section applies to all Local Authority and Approved Housing body dwellings.

(c) For the avoidance of doubt, all Travellers who are currently resident in any location should not during this crisis be evicted from that location except where movement is required to ameliorate hardship and provide protection and subject to consultation with the Travellers involved.

Editorial Notes:

E73

Previous affecting provision: subs. (2)(aa) inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 32, S.I. No. 119 of 2016; substituted as per F-note above.