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Change in Law for Duration of Tenancies

Landlords have been contacting our offices in Limerick and Newcastle West in recent days/weeks enquiring about the new change in law in relation to duration of Tenancies.

While each tenancy is different below is the new changes that have been made and come into force for any new tenancy from June 11th.

Tenancies created on or after 11 June 2022, will become a Tenancy of Unlimited Duration, as long as a valid notice of termination has not been served by either tenant or landlord. This means that after 6 months living in a tenancy, the tenant will have a right to remain in the property for an unlimited duration. Tenancies that existed prior to 11 June 2022 will convert to Tenancies of Unlimited Duration at the end of the current 6-year cycle. 

A landlord still has the right to end a Tenancy of Unlimited Duration under the specific reasons for ending a tenancy as set out in the Residential Tenancies Act. 

Tenancies commencing after the 24 December 2016 

For tenancies that began after 24 December 2016, after 6-months probationary period of the tenancy, the tenant secures the right to remain in the property for a further five and a half years and the tenancy is referred to as a ‘Part 4’ tenancy.’ Tenancies that existed prior to 11 June 2022 will convert to Tenancies of Unlimited Duration at the end of the current 6-year cycle. 

Tenancies commencing before 24 December 2016 

For tenancies that began before 24 December 2016, after the first 6-month probationary period of the tenancy, the tenant secures the right to remain in the property for a further three and a half years and the tenancy is referred to as a ‘Part 4’ tenancy. These tenancies are no longer in existence as of 24 December 2016 the length of a ‘Part 4’ tenancy changed to six years. 

Further Part 4 tenancies 

A ‘further Part 4’ tenancybegins once the initial ‘Part 4’ tenancy’ has finished. From the 24 December 2016, when a ‘further Part 4’ tenancy’ commences, it lasts for 6 years for all tenancies. Following the introduction of Tenancies of Unlimited Duration tenancies will be ‘Part 4’ of unlimited duration. 
This also applies to tenants in Approved Housing Bodies. 

Fixed term tenancies 

A fixed term tenancy is a tenancy that lasts for a specific amount of time. A ‘Part 4’ tenancy runs alongside a fixed term tenancy, which means the tenant shall, after a period of 6 months living in a tenancy, become entitled to the provisions of a ‘Part 4’ tenancy (see above). 

This means that irrespective of the length of the fixed term lease, a tenant has an entitlement to remain in the dwelling for the duration of the ‘Part 4’ tenancy and the landlord can only terminate the tenancy on limited grounds. 

The reasons which a landlord can end a tenancy.are provided below. 

For tenancies that began prior to 11 June 2022, a landlord may serve a Notice of Termination during the ‘Part 4’ tenancy with the notice period given to the tenant expiring on or after the end of the tenancy.  A notice served in this way should provide a reason for termination, but the reason does not need to be one of the reasons set out below. In this circumstance the Notice of Termination is served prior to the end of the six years and the notice period must expire on or after then end of the ‘further Part 4’ tenancy. 

1. The tenant has failed to comply with the obligations of the tenancy (having first been notified, in writing, of the failure, and given an opportunity to remedy it.) 

1A. The tenant has not paid their rent (Legislation was introduced on 1st August 2020 which brought in new procedures related to ending a tenancy due to rent arrears. For more information, please click here.) 

2. The landlord intends to sell the dwelling within the next 3 months 

3. The dwelling is no longer suited to the needs of the occupying household 

4. The landlord requires the dwelling for own or family member occupation 

5. Vacant possession is required for substantial refurbishment of the dwelling 

6. The landlord intends to change the use of the dwelling 

on Friday, June 24, 2022 in Blog

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