The Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 came into effect on the 29th of October 2022. This was temporary legislation which covered a set period of time also known as the ‘Winter Emergency Period’ being the period from the 30th of October 2022 to the 31st of March 2023 and affected residential tenancies only. It prevented Landlords from evicting tenants during this period of time and was introduced as a temporary measure to provide relief for tenants over the winter months. The eviction ban expired on the 31st March 2023.
The eviction ban had the effect of deferring the termination dates of tenancies originally meant to end between the 30th of October 2022 and the 31st of March 2023. The deferment was staggard based on the original termination date and the length of the tenancy.
The table below outlines the new termination dates which applied where the tenancy was due to end between the 30th October 2022 and 31st January 2023:
| Duration of Tenancy | New Termination Date |
| Less than 6 months | 1st of May 2023 |
| More than 6 months, less than 1 year | 1st of May 2023 |
| More than 1 year, less than 7 years | 15th of April 2023 |
| More than 7 years | 1st of April 2023 |
If the original termination date was between the 1st of February 2023 and the 31st of March 2023, the new termination dates are as follows:
| Duration of Tenancy | New Termination Date |
| Less than 6 months | 18th of June 2023 |
| More than 6 months, less than 1 year | 1st of June 2023 |
| More than 1 year, less than 7 years | 1st of May 2023 |
| More than 7 years | 1st of April 2023 |
Pursuant to the Residential Tenancies Act 2004 (as amended), in order to legally terminate a tenancy, a landlord must serve a valid Notice of Termination on the tenant. At the same time, the landlord must copy the Notice to the Residential Tenancies Board and this can be done by way of email (NoticeofTermination@rtb.ie ) or by post (RTB, PO Box 47, Clonakilty, Co. Cork). Failure to copy the Notice to the RTB will invalidate the Notice.
The period of Notice which must be provided to the tenant will depend on the length of the tenancy. The up to date notice periods are set out on the RTB’s website (www.rtb.ie) and it is very important that the correct notice period is provided as otherwise the Notice will be invalid.
If the tenancy is less than 6 months, the Landlord does not need to provide a reason for terminating the tenancy. Where the tenancy has lasted 6 months or more, the Landlord must specify the reason for termination. The permissible reasons for terminating a tenancy under the legislation are as follows:-
- The tenant has failed to comply with their obligations under the tenancy e.g. failure to pay rent.
- The Property is not suited to the tenants needs.
- The Landlord requires the property for their own personal use or for that of a family member.
- The Landlord wishes to sell the property.
- The Landlord intends to carry out substantial refurbishment to the property.
- The Landlord intends to change the use of the property i.e. a change of use from residential to commercial.
If the tenant believes that the Notice is invalid, they have a period of 90 days within which to apply for dispute resolution with RTB. This can cause a significant delay for a Landlord wishing to terminate a tenancy validly and, therefore, it is important to ensure that the Notice is correctly drafted and valid before serving on the tenant.
NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff LLP, whose numbers can be found on our website www.nfg.ie, or email info@nfg.ie.
