Eviction and Lease Notices FAQ - Ireland


Eviction Notice Basics
What is an eviction notice?

An eviction notice is a form of notice given by a landlord to a tenant which notifies the tenant that the landlord intends to recover possession of the let premises. Eviction notices may be given if a tenancy is coming to an end or in situations where the tenant has failed to pay rent or has breached any of their other obligations under the tenancy agreement.

What is the best way to serve notice?

The best ways to serve a notice are normally to deliver it by hand to the tenant or alternatively, to send it to the tenant's address by first class registered post. It is important before sending any notice to check the tenancy agreement for any clauses or provisions relating to notices. Such clauses will often specify the means by which notices must be served and the circumstances in which a notice will be deemed to have been delivered, for example, 48 hours after the time of posting. It is also important to check that the tenant's correct address is used. If the tenancy agreement is silent on notices then it is recommended that, if a notice is being served by post, an additional 3 working days is allowed for the notice to reach the tenant. It is also recommended that the notice is sent via recorded delivery post so that the landlord has a means of tracking the notice and proving when it was sent. It also allows the landlord to check whether the notice has been received by the tenant. If the notice is being hand delivered, it is recommended that service of the notice upon the tenant is witnessed by an independent third party.

How long is the notice period?

The length of the notice period depends on whether the tenancy is fixed-term or periodic. If the tenancy is for a fixed-term, then the landlord can only evict the tenant according to the agreement, with 7 days' notice if the tenant's behaviour is anti-social or threatening to the fabric of the dwelling, or with 28 days' notice if the tenant breaches the agreement or fails to pay the rent. If the tenancy is periodic, then the landlord can evict the tenant with 7 days' notice if the tenant's behaviour is anti-social or threatening to the fabric of the dwelling, with 28 days' notice if the tenant's breaches the agreement or fails to pay the rent, or with a longer notice period (that depends on the length of the tenancy) for some other reason. For more information, refer to the Residential Tenancies Act, 2004 and the Residential Tenancies (Amendment) Act 2015.

If there are joint landlords, who should serve the notice?

If there are joint landlords, either landlord may serve the notice.


 

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