Paudie Coffey (Waterford, Fine Gael) | Oireachtas source

Seanad amendment No. 49 is a technical amendment which clarifies that when terminating a Part 4 tenancy, a landlord must comply with both Parts 4 and 5 of the Act. The 2004 Act specifies the grounds on which a landlord may terminate a tenancy. A landlord may not serve a notice of termination on a tenant, except in very clearly defined circumstances such as a failure by the tenant to comply with his or her obligations in relation to the tenancy; where the landlord intends to sell the property within three months after the termination of the tenancy; or where the landlord requires the dwelling for his or her own occupation or for that of a family member.

Seanad amendments Nos. 50 and 51 will strengthen the protections around tenancy terminations by providing for measures that will guard against, for example, landlords falsely declaring that the property is needed for a family member, or that it is going to be sold. These measures involve (i) a landlord having to explain in a written statement to the tenant why a property might no longer be suitable to their accommodation needs having regard to the number of bed spaces and the size and composition of the household; (ii) a landlord having to make a statutory declaration as to his or her intention to sell a property; (iii) a landlord having to make a statutory declaration that the property is needed for his or her occupation or that of a family member; or (iv) a landlord providing a copy of planning permission obtained, where relevant.

Under section 66 of the current legislation, the period of notice of termination increases according to the length of the tenancy. A landlord must give a tenant a minimum of 28 days notice for tenancies of less than six months duration, up to a maximum of 112 days notice for tenancies of four years or more. A tenant must give a landlord a minimum of 28 days notice for tenancies of less than six months duration, up to a maximum of 56 days notice for tenancies of two years or more.

Seanad amendment No. 53 introduces further graduated increases in the notice period such that a landlord will have to give a tenant up to a maximum of 224 days notice for tenancies of eight years or more, as follows: a tenancy of five years or more but less than six years requires 140 days notice; a tenancy of six years or more but less than seven years requires 168 days notice; a tenancy of seven years or more but less than eight years requires 196 days notice; and a tenancy of eight or more years requires 224 days notice. This will give tenants who have lived in their rented accommodation for long periods sufficient time to source alternative accommodation and is consistent with a recommendation made in the DKM report entitled, Future of the Private Rented Sector, which was commissioned by the Private Residential Tenancies Board. A tenant, meanwhile, will have to give a landlord up to a maximum of 112 days notice for tenancies of eight years or more, as follows: a tenancy of four years or more but less than eight years requires 84 days notice; and a tenancy of eight or more years requires 112 days.

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