How To Give an Eviction Notice to a Tenant in Ireland
Sometimes, as a landlord you need to make the hard decision to end a tenancy. There are lots of reasons why you might want to evict your tenant, such as selling the property or you want to renovate. Whatever the case, landlords need to follow strict rules in order to do so to avoid having legal problems. Read our eviction notice guide to find out what to do!
How Do I Evict Someone in Ireland?
Evicting a tenant in Ireland can be a long and difficult process. Especially if 6 month has already passed since you signed the lease agreement with your tenant, you might have to fight a very long uphill battle in order to have your tenant evicted. Fortunately, there is a process in place in order for landlords to evict their tenants but it involves a lot of effort and patience.
In order to evict your tenant properly, you must send them a Notice of Termination letter and send a copy to the Residential Tenancies Board (RTB) at the same time. On the eviction notice, you must indicate the notice period in order for the order to leave to be valid.
Can You Evict a Tenant Without Notice?
It is illegal to evict a tenant without notice. An illegal eviction is where you prevent your tenant from accessing the property or if you remove their belongings without going through the proper proceedings. In these cases, your tenant can take legal action against you to gain access to the property.
Can the RTB Evict a Tenant?
For the entire eviction process, the Residential Tenancies Board will be involved since you will need to send them a copy of the notice of termination letter at the same time as the one you send to your tenant. However, the RTB will only help with and eviction if the tenant fails to comply with the eviction.
On What Grounds Can a Landlord Evict a Tenant?
The gounds on which a landlord can evict a tenant in Ireland will depend on the lease agreement and how long the tenancy has lasted for. You will need to have legitimate reason for terminating the tenancy or you won’t be able to evict them.
When Can I Evict a Tenant?
The conditions of the tenancy eviction depends on how long the tenancy has lasted. Generally speaking, an eviction has different rules if the tenancy has been longer than 6 months:
- Before 6 Months
Before the first 6 months of the tenancy has passed, a landlord can end the tenancy giving only 7 days notice if the tenant has been displaying extreme antisocial behaviour or is not complying with the terms of the tenancy. If it’s not a fixed tenancy, the landlord can terminate the agreement without a reason giving 90 days notice.
- After 6 Months
After 6 months have passed, the notice period you need to give will increase for however long your tenant has lived at the property. You also will need to give your tenant a valid reason for the eviction.
What Valid Reasons Are There To Evict a Tenant?
In order to evict a tenant, you will need to have a valid reason to do so. Here’s a list of reasons that are acceptable to the RBT for terminating the tenancy:
- Tenant Failing Their Obligations
If the tenant is not holding up their side of the lease agreement, for example they’ve stopped paying you rent or they’ve damaged the property substantially, you can prepare a notice of termination for them to leave. You can also be evicted for anti-social behaviour such as blaring loud music.
- You Intend To Sell
If you want to sell the property in the following 9 months you can also use this as grounds to terminate the tenancy. However, if you’re selling multiple properties you need to be careful since there are some restrictions.
- You Need the Property for Your Own Use
If you need to use the property for your own use or to house an immediate family member, this is considered acceptable grounds to end the tenancy. However, this does not apply to social landlords.
- You Want To Change the Use of the Property
If you want to change the use of the property, from a residential to a commercial use for example, this is grounds for evicting your tenant legally.
- You Want to Refurbish
You can also evict your tenant if you want to substantially refurbish the property or reform it.
Did you sign a fixed-term lease agreement? If you have a fixed-term lease agreement with your tenant, it is not possible to end the tenancy under any circumstances unless the tenant is failing in their obligations. This is the only case in which you can evict someone in their fixed-term tenancy and you will still have to give them the adequate notice period.
How Long Does it Take to Evict a Tenant in Ireland?
As stated above, the time it takes to evict a tenant depends on how long the tenant has been living at the property. These terms can be reduced exceptionally if your tenant is not complying with their obligations according to the lease agreement terms.
What Are the Eviction Notice Periods?
The eviction notice periods increase for however long the tenant has been living at the property. The longer they’ve been living there, then the more time you’ll need give them more time for the eviction notice. Here’s a table showing the notice periods:
|Length of Tenancy||Notice Required|
|Less than 6 months||90 days|
|6 months to a 1 year||152 days|
|1 year to 7 years||180 days|
|7 to 8 years||196 days|
|8 years or longer||224 days|
Source: Citizens Information
What Exceptions Are There?
There are exceptions to the rule where the length of the notice period doesn’t have to the follow the requirements in the table:
- Non-Compliance with Tenant Obligations
If your tenant is not complying with their obligations, you will need to issue a warning letter stating what obligations have been violated and you should try and get reach an agreement with your tenant. If you can’t, you only need to give 28 days eviction notice.
- Rent Arrears
If your tenant is in arrears with their rent then you can issue them a letter giving them 28 days to pay what they owe. You will need to send a copy of this letter to the RTB possible with evidence in a rent book. If they don’t comply and don’t pay after the 28 days, you can send them a 28 days eviction notice. If you tenant has a guarantor, you should contact them first for rent payments. You cannot evict a tenant if they’re receiving social help such as the HAP scheme or the rent supplement.
- Agreement Between Both Parties
You can also reach an agreement between both parties of the lease agreement to either a shorter or longer eviction notice period. You cannot write this into the tenancy agreement at the beginning of the tenancy.
Can you evict a tenant from a house share? If you’re a landlord who rents out rooms in a shared house, the same process for eviction as your tenant renting the entire property. In these cases, the grounds for eviction are quite often the tenant’s behaviour with the other tenants so you should be careful to only proceed with the one causing problems. If you need to evict multiple people from the property, you need to serve individual eviction notices.
Check Out Our House Sharing Guide!
How Do I Write an Eviction Notice to My Tenant?
The requirements for an eviction notice in Ireland is clearly set out in the law and won’t be considered valid unless it includes all of the following:
You cannot just send an email regarding ending the tenancy. You must provide a physical copy to your tenant or it will be invalid.
You must sign the eviction notice with your own signature. You can also have an authorised agent to sign it on your behalf.
You need to both state the date of the eviction notice as well as the day the tenancy will come to an end.
- State 24 Hour Period
You will need to state that the day that the tenancy ends, the tenant has the full 24 hours to move out.
- Reason for Termination
You will need to specifically state the reason for termination on the eviction notice otherwise it will be invalid. You will need to indicate the exact reasons in order for it to be accepted by the Residential Tenancies Board.
- 90 Day Limit to Appeal
You also need make sure you’ve stated that if your tenant has an issue with the eviction notice, they have 90 days to appeal it with the Residential Tenancies Board.
Remember to complete the Notice of Termination Return Form! If the tenancy has lasted more than 6 months, you will need to fill in the Notice of Termination Return Form and send it to the Residential Tenancies Board as soon as possible. If you don’t, you’re eviction notice to your tenant will be invalid and you won’t be able to proceed.
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