Alan Kelly (Tipperary, Labour)
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The Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented residential sector and sets out the rights and obligations of landlords and tenants. Security of tenure under the Act is based on rolling four-year tenancy cycles. Where a tenant has been in occupation of a dwelling for a continuous period of 6 months and no notice of termination has been served in respect of that tenancy before the expiry of the period of 6 months, the tenancy is established for the remainder of the four year period. This is referred to in the Act as a ‘Part 4’ tenancy.

A landlord may not terminate a Part 4 tenancy except on clearly defined grounds which are set out in the Table to section 34 of the Act. These grounds include that the landlord intends to sell the dwelling, that the landlord wishes to change the use of the dwelling, and that the landlord requires the dwelling for a family member.

Amendments introduced in the Residential Tenancies (Amendment) Act 2015 further 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.

In addition, the 2015 Act introduced further graduated increases in the notice periods that must be given to tenants of the termination of a tenancy so that a landlord must now give a tenant up to a maximum of 224 days’ notice for tenancies of 8 years or more.