Notice of Termination guide

What is a Notice of Termination (NoT)

If you want to end a tenancy that has lasted 6 months or more, you must:

• Have a valid legal reason
• Share a document called a Notice of Termination (NoT) with the correct notice period with your tenant.

The Notice of Termination states the reason for ending the tenancy.

Summary of requirements

• A Notice of Termination must be sent to the RTB on the same day it is sent to the tenant.
• A statutory declaration must accompany the Notice of Termination if you are selling the property or need it for yourself or a family member.
• A statement must accompany the Notice of Termination if the property is no longer suits the tenant’s accommodation needs, you want to carry out refurbishment or renovation to the property or you want to change the use of the property.
• Rent arrears cases follow a strict process.
• Remedial notices can correct certain errors (known as defects) but must follow specific rules.

Lawful termination or illegal eviction

Ending a tenancy is a normal process, but it must be done legally.

• Lawful termination: You must serve a valid Notice of Termination and follow the steps to legally end a tenancy.
• Illegal eviction: It is illegal to force a tenant out by using threats, cutting off utilities, or changing locks. We take such cases seriously, as they can lead to homelessness.

If a tenant believes they have been illegally evicted, they can bring a dispute case to the RTB. If the RTB finds you have evicted your tenant illegally, we can direct you to allow the tenant to return to the property or pay damages of up to €20,000 (or both).

How to serve a valid Notice of Termination

To be valid, a NoT must:

• Be in writing (not by email).
• Be signed by the landlord or their authorised agent.
• Include the date the notice is sent. This is the date the notice is posted or hand delivered.
• Give the date the tenancy will end (the tenant has the full 24 hours on that day to leave the property).
• Give the reason you are ending the tenancy (if the tenancy is over 6 months).
• Tell the tenant they have 28 days from the date of receipt of the notice to refer their case to the RTB if they believe the notice is not valid where there has been a breach of obligation by the tenant. New laws have increased this notice period to 90 days where there has been no breach of obligation by the tenant.
• Be sent to the RTB on the same day it is sent to the tenant. Failure to do so makes the NoT invalid.

Notice periods

The notice period starts the day after the notice is served. The notice period required depends on the length of tenancy – find out more about notice periods.

Statutory declaration requirements

In some cases, you must also give the tenant a signed statutory declaration with the Notice of Termination:

• Selling the property: You must confirm you intend to sell within 9 months.
• Personal or family use: You must confirm who will occupy the property and for how long. If the property is vacated within 12 months, the previous tenant must be offered the tenancy again.

If you live in Ireland, you must sign a statutory declaration in the presence of a Commissioner for Oaths, a practicing solicitor, a notary public, or a peace commissioner.

If you live outside of Ireland, you can make a statutory declaration but you will need to take some extra steps to prove your document has been signed and witnessed correctly. Find out more about about making a statutory declaration outside of Ireland.

Overholding (tenant staying beyond the notice period)

If a tenant stays beyond the notice period, they must continue paying rent.

Accepting rent does not mean you agree to continue the tenancy. The RTB can only order a tenant to leave after a valid Notice of Termination has expired.

Ending a tenancy due to unpaid rent (arrears)

If a tenant has not paid rent, you must follow the process below before serving a Notice of Termination:

1. Serve a warning notice

• • Give the tenant at least 28 days to pay the unpaid rent.
  • Send a copy of the warning notice to the RTB (the notice period starts when both the tenant and RTB receive it).

2. Serve a Notice of Termination (NoT)

• • • If rent is still unpaid after 28 days, you can serve a Notice of Termination.
    • The NoT must give at least 28 days’ notice.
    • Send a copy of the Notice of Termination to the RTB on the same day it is sent to the tenant.
    • The RTB will notify the tenant of their dispute resolution options.

Ending a tenancy due to other tenant breaches

If a tenant , you must follow the process below before serving a Notice of Termination:

1. Serve a warning notice

• • Set out the details of the breach (for example, property damage)
  • Give the tenant a reasonable time to fix it.
  • You do not need to send a copy of the warning notice to the RTB.

2. Serve a Notice of Termination (NoT)

• • • If the issue is not fixed, you can serve a Notice of Termination.
    • The NoT must give at least 28 days’ notice.
    • Send a copy of the Notice of Termination to the RTB on the same day it is sent to  the tenant.
    • The RTB will notify the tenant of their dispute resolution options.

Ending a tenancy due to serious anti-social behaviour

For serious anti-social behaviour, like criminal behaviour or threats to safety, you can serve a 7- day NoT. You do not need to serve a warning notice. High standards of proof apply for disputes.

Fixing errors in a Notice of Termination

If a Notice of Termination contains an error or defect, an adjudicator or Tribunal may allow the error to be corrected, either by:

• Using the slip rule: which allows minor mistakes that don’t affect the notice in a significant way to be overlooked.
• Allowing a remedial notice of termination to be served: which is a corrected version of the original notice.

These options are only allowed if the mistake:

• Does not significantly affect the validity of the original notice, and
• The rest of the notice complies with the Residential Tenancies Act 2004 (as amended).

Rules for serving a remedial notice

If the adjudicator or tribunal allows a remedial notice to be served, the following rules apply:

• The remedial notice must be served within 28 days of the RTB issuing the Determination Order.
• The notice period in the remedial notice depends on how much time was left in the original notice.

If the original notice period has already expired

The landlord (or tenant) must give at least 28 days’ notice in the remedial notice.

If the original notice period hasn’t yet expired

The landlord (or tenant) must give 28 days’ notice plus any remaining time left on the original notice.

Example: Slip Rule

A landlord gives notice to two tenants but makes a small typo in one tenant’s first name. The tenants challenge the notice.

The RTB adjudicator decides the error is minor and doesn’t affect the notice in a meaningful way.

The adjudicator applies the slip rule and confirms the notice is still valid. The tenant must vacate.

Example: Remedial Notice

A landlord serves a notice with 180 days’ notice on 1 December 2024.

The notice period starts the next day, 2 December 2024, so the correct termination date is 31 May 2025.

However, the landlord mistakenly writes 30 May 2025 as the termination date in the notice.

The tenant challenges the notice with the RTB.

The case is heard on 3 May 2025.

The adjudicator rules that the notice is invalid because of the incorrect termination date but allows a remedial notice to be served.

The RTB issues the Determination Order on 7 May 2025.

The landlord serves the remedial notice on 10 May 2025.

Since the original termination date was supposed to be 31 May 2025, there are 22 days left in the original notice period on the day the remedial notice is served.

Therefore, the landlord must give a total of 50 days’ notice (28 days + 22 days).

The new termination date is 30 June 2025.

Disputing a Notice of Termination

Tenants have 90 days to dispute a Notice of Termination, except in cases of rent arrears or breaches of tenant obligations. Tenants have just 28 days to dispute a Notice of Termination for rent arrears or breach of tenant obligations.