How to Serve an Eviction Notice in Ireland
Eviction laws in Ireland generally favour the tenant over the landlord. Following a long history of colonisation, the act of eviction under Irish rule was consciously and legally made difficult to dissuade any landlord from mistreating their tenants or evicting them without cause.
Anyone seeking to evict a tenant should be advised that it can be a long process and a number of steps must be rigidly followed for the eviction to be legal.
All eviction notices (more commonly classed as termination notices in Ireland) must be written and signed by the landlord or another authorised signatory. The notice should include the date of termination and must either be posted to the tenant, handed to him or left for him at the property.
All termination notices must include a notice period. This notice period is dictated by the length of time the tenant has lived in the property. If the tenant has lived in the property for less than six months, 28 days' notice must be given; six months to a year requires 35 days; between one and two years requires 42 days; between two and three years is 56 days; between three and four years is 84 days. Any tenancy over four years requires a notice of 112 days.
If the tenant has lived in the property for longer than six months, the landlord is obliged to give a reason for the termination in the notice. Landlords can only seek termination of the tenancy under the following criteria:
-The landlord wishes to sell, refurbish or move himself or a family member into the property.
-The landlord wishes to use the residence for business purposes.
-The tenant does not fulfil his obligations.
-The property becomes unsuitable for the tenant.
The written notice must tell the tenant that he can oppose the notice, within 28 days, through the Private Residential Tenancies Board (PRTB). The PRTB is a mediation service available to both landlords and tenants.
The length of notice required may be shortened in certain instances, regardless of length of tenancy. If tenants are not fulfilling their contracted obligations, notice of 28 days can be given even if they have lived in the property for more than six months. However, if the obligation they do not meet is payment of rent, landlords should remember that they can only begin eviction proceedings 14 days after sending the tenant a notice that rent is due. If the tenant is acting in an antisocial manner, the landlord is only required to give seven days' notice.
- Written notice
- Date of termination of tenancy
- Landlord or authorised person's signature
- Reason for termination (if tenancy is longer than six months)
- Legal notice period
- Information on tenant's legal right to complain