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Rental

In: Business and Management

Submitted By binutholath
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Terminating a Tenancy

The purpose of this leaflet is explain to landlords and tenants the correct procedure to lawfully end a tenancy. This leaflet is a general guide only and not an interpretation of the law and does not necessarily make reference to all relevant provisions.

1. When is a Tenancy Terminated?

A tenancy may be terminated by either the landlord or the tenant for any one of a number of reasons. It could be due to a change of circumstances (e.g. the tenant buys a house, the landlord decides to sell the house) or because of the behaviour of the parties (e.g. the landlord is constantly disturbing the tenant, the tenant is in arrears of rent). No matter what the reason for the termination, the process is always the same. The person ending the tenancy must serve a notice of termination on the other party and that notice must comply with the Residential Tenancies Act 2004 in terms of the content of the notice itself and the amount of notice (i.e. what period of time until the dwelling is to be vacated) given. The content of the notice will depend on whether it is served by the landlord or tenant, the length of the tenancy and the reason for the termination.

Where a tenancy that was entered into for a specific period (i.e. a fixed term tenancy) comes to the end of that period, a notice of termination does not have to be issued. If that period was 6 months or more and the tenant intends to continue in occupation, he/she must inform the landlord of that intention between one and three months before the expiry date.

Note: It is an offence to purport to serve an invalid notice of termination and then act in reliance on it in a way that adversely affects the interests of the person on whom it was served.

2. Termination of a Tenancy by a Landlord

Valid notice
In order to be valid a notice of termination must: • Be in writing…...

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