Sample Notices of Termination

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If a landlord wants to terminate a tenancy within the first six months, the landlord can do so by serving a valid written 90-day Notice of Termination on the tenant. No reason for the termination of the tenancy is required to be given. If a fixed term lease has been signed, landlords must check to see that a right to terminate in the first 6 months was included.  

If the fixed term lease does not include such a term or a break clause that covers the first 6 months, then the landlord cannot terminate the tenancy if there has been no breach of obligation. 

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If a tenancy is less than 6 months old and the tenant has breached their obligations, the landlord can terminate the tenancy by giving 28 days’ notice.

This notice of termination does not apply where the tenant is in rent arrears or if they have engaged in serious anti-social behaviour. Instead, landlords should use the notices of termination provided for these scenarios below.

Download this template located in the Download section below

Download this template located in the Download section below

Download this template located in the Download section below

Download this template located in the Download section below and include the statutory declaration.

Download this template located in the Download section below

Requirement for statutory declaration  

A statutory declaration must accompany a notice of termination served because the landlord requires the property for their own occupation or occupation by a family member. A sample statutory declaration is included with the sample notice of termination provided above.  

What is a statutory declaration?  

A statutory declaration is a legal document. It is a written statement of facts which the person making it signs and declares it to be true. In this case the statement made is that the landlord requires the dwelling to occupy or for a family member to occupy and will offer a tenancy of the dwelling back to the tenant in certain circumstances. It is an offence for a person to make a statutory declaration knowing it to be false or misleading in any material respect.  

How is a statutory declaration made? 

The statutory declaration must be signed by the landlord before a practising solicitor, notary public, commissioner for oaths, peace commissioner or other person authorised by law to witness these declarations. The statutory declaration must be signed by the landlord themself - the person with the actual intent. An agent cannot verify the landlord’s intent.  

Service of statutory declaration  

The statutory declaration must be served at the same time as the notice of termination - serving it at a later date will mean that the tenancy has not been validly terminated.  

Statutory declarations made abroad  

Where a statutory declaration is signed by the landlord outside of Ireland, 
there may be additional requirements that must be complied with.

See the RTB’s guidance note on “Statutory Declarations made outside of Ireland” below.

Download this template located in the Download section below

Requirement for statutory declaration  

A statutory declaration must accompany a notice of termination served because the landlord requires the property for their own occupation or occupation by a family member. A sample statutory declaration is included with the sample notice of termination provided above.  

What is a statutory declaration?  

A statutory declaration is a legal document. It is a written statement of facts which the person making it signs and declares it to be true. In this case the statement made is that the landlord requires the dwelling to occupy or for a family member to occupy and will offer a tenancy of the dwelling back to the tenant in certain circumstances. It is an offence for a person to make a statutory declaration knowing it to be false or misleading in any material respect.  

How is a statutory declaration made? 

The statutory declaration must be signed by the landlord before a practising solicitor, notary public, commissioner for oaths, peace commissioner or other person authorised by law to witness these declarations. The statutory declaration must be signed by the landlord him/herself - the person with the actual intent. An agent cannot verify the landlord’s intent.  

Service of statutory declaration  

The statutory declaration must be served at the same time as the notice of termination - serving it at a later date will mean that the tenancy has not been validly terminated.  

Statutory declarations made abroad  

Where a statutory declaration is signed by the landlord outside of Ireland, 
there may be additional requirements that must be complied with.

See the RTB’s guidance note on “Statutory Declarations made outside of Ireland" below 

Download this template located in the Download section below

Download this template located in the Download section below

A Statutory Declaration must accompany this notice. It is a legal document that is used for proof of facts in non-contentious matters. 

A Statutory Declaration may be made before a notary public, commissioner for oaths or a solicitor.  

The Statutory Declaration must be sworn by the landlord themselves - the person with the actual intent. An agent cannot swear of their intent to sell a property which they do not own. 

The original copy of the Statutory Declaration must be provided with the Notice of Termination, not a copy.  

The original Statutory Declaration must be served at the same time as the Notice of Termination - serving it at a later date will invalidate the notice in full. 

Download this template located in the Download section below

Download this template located in the Download section below

Remedial Notices of Termination aid landlords and tenants as they can now remedy the original notice served to fix the defect identified by the adjudicator or Tribunal by serving a new notice (the ‘remedial notice’). 

Following the conclusion of a case with the RTB, if determined by the decision maker, a landlord or tenant shall be permitted to serve the remedial notice within 28 days of the issue of the Determination Order. Where the correct notice period was provided for in the originally served notice then a landlord or tenant can proceed to serve a 28-day remedial notice. Where an incorrect notice period was supplied within the original notice of termination a landlord or tenant must serve 28 days plus the number of days the original notice of termination was short within their remedial notice. 

Example: 

• Landlord intends to serve a notice providing a tenant with 180 days notice. 
• The landlord serves the notice on 01/12/2018. 
• The date of service is the date the landlord last had the notice of termination in their control, e.g. the date they posted it or the date they handed it to the tenant. 
• The notice period starts from the date after the date of service - In this case 02/12/2018  
• 02/12/2018 plus 180 days = 31/05/2019  
• Landlord in this case sets the termination date as the 28/05/2019. 
• Tenant receives the notice and lodges a case with the RTB. Notice ruled invalid and Determination Order issued.   
• Within 28 days of the issue of the Determination Order the Landlord is now entitled to serve a 28 day + the 3 days he was short = 31 days’ notice