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Residential Tenancies & Security of Tenure

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Residential Tenancies & Security of Tenure

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The Planning and Development (Housing) and Residential Tenancies Act 2016 extends the period of a Part 4 tenancy from 4 years to 6 years and applies to all new tenancies created on or after 24 December 2016 and includes any Further Part 4 tenancy that comes into existence after that date.

A landlord does not have an automatic right to terminate a Part 4 tenancy prematurely and must allow the tenant to remain in the dwelling for a total of 6 years unless (a) the tenancy is in its first six months and a valid notice of termination is served or (b) the landlord has any one or more of the following six reasons:

  1. The tenant has failed in their obligations, statutory or otherwise, under the tenancy, has been warned by the landlord in regard to such failure and has failed to remedy the situation within a reasonable time. The warning must be given in writing.
  2. The dwelling is no longer suitable to the accommodation needs of the tenant having regard to the number of bed spaces and to the composition of the occupying household. The notice of termination must be accompanied by a statement explaining why the dwelling is no longer suitable.
  3. The landlord intends, within 3 months following termination, to enter into an enforceable agreement for the sale of the dwelling. The notice of termination must be accompanied by a Statutory Declaration detailing same.
  4. The landlord intends to take back the dwelling for their own benefit or for the benefit of an identified and named relative. The notice of termination must be accompanied by a Statutory Declaration detailing same.
  5. The landlord intends to substantially refurbish or renovate the dwelling. The notice of termination must be accompanied by a statement detailing the intended refurbishment or renovation.
  6. The landlord intends to change the use of the dwelling. The notice of termination must be accompanied by details of such change of use including details of any such planning permission(s) if applicable.
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