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Eviction notice periods to significantly rise for tenancies under three years

For tenancies less than six months, the notice landlords must give to tenants is set to triple.

THE NOTICE PERIODS that landlords must give tenants before evictions are set to rise for tenancies under three years in duration- more than tripling for tenancies less than six months.

New notice periods to terminate a tenancy will be implemented under the proposed legislation, which has been approved by both the Dáil and the Seanad.

The amended bill, which applies to ‘no-fault evictions’ – that is, where there is no breach of tenant obligations – will now be sent to President Michael D Higgins to sign into law.

Tenancies of less than six months currently require a 28-day notice period but will more than triple to 90 days under the new legislation.

For tenancies between six months and one year, the notice period is set to rise from 90 days to 152 days.

Finally, tenancies between one and three years will have a new notice period of 180 days instead of the previous 120.

The notice period for tenancies of three years or longer have not been changed and will remain at 180 days for between three and seven years; 196 days for between seven and eight years; and 224 days for more than eight years.

Additionally, the new legislation requires landlords to give the Residential Tenancies Board a copy of all termination notices given to a tenant.

If the landlord does not serve the termination notice to the tenant and Board simultaneously, the notice will be considered invalid.

When the Board receives a copy of a notice, it will be required to write to the tenant and landlord with information about their rights and obligations.

The Board must also “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)”.

In a statement, Minister for Housing Darragh O’Brien said 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,” O’Brien said.

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