The Short Notice to Quit and the Missing Statutory Declaration
Liam is a landlord of a two-bedroom apartment in Cork. The tenancy began on 1 September 2020 at €1,450 per month. On 1 February 2024, Liam served a written notice of termination on the tenant, Sarah, stating that he intended to sell the property and that the tenancy would end on 15 March 2024. The notice was signed by Liam, but it did not include a statutory declaration and did not tell Sarah of her right to refer a dispute to the Residential Tenancies Board (RTB). Sarah has two children in the local school and has paid rent by standing order every month. Liam now claims that Sarah is €2,900 in arrears because two payments were returned in September and October 2023; Sarah says she paid by bank transfer and has receipts. Liam has told her that if she does not leave by 15 March he will change the locks. The rent has not been reviewed since 2022. Sarah wants to stay until the end of the school year.
1. Is the notice of termination valid? Identify every defect and calculate the minimum notice period.
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The tenancy began on 1 September 2020, so by 1 February 2024 it had lasted three years and five months. It is a Part 4 tenancy. The minimum notice period for a tenancy of between three and four years is 84 days. From 1 February 2024, 84 days ends on 25 April 2024, not 15 March 2024. The notice is therefore invalid for short notice. It is also invalid because it does not include the statutory declaration required for the sale ground, and it does not inform Sarah of her right to refer a dispute to the RTB. The notice must be in the prescribed form and signed. The alleged rent arrears are not a valid ground because the notice cites sale, not arrears. A notice cannot be repaired retrospectively by adding a new ground or a statutory declaration. Liam must serve a fresh valid notice.
2. What should Sarah do, and what orders can the RTB or the courts make?
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Sarah should continue paying rent and keep the receipts. She should write to Liam stating that the notice is invalid and that she does not accept it. She should refer a dispute about the validity of the notice to the RTB promptly; the RTB can extend time in appropriate cases. If Liam changes the locks, she should apply to the RTB and, if necessary, to the Circuit Court for an injunction or an order restoring possession. Unlawful eviction may also be an offence. The RTB can declare the notice invalid, award damages, and direct the landlord to comply with his obligations. Sarah should also dispute the alleged arrears with the bank statements and receipts. She should not withhold rent, because that would give Liam a separate ground.
3. Can Liam rely on the alleged rent arrears to justify termination, and what difference does the sale ground make?
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Liam cannot rely on rent arrears unless the notice specifies that ground and complies with the special 28-day warning procedure for arrears. A notice that cites sale cannot later be justified by arrears. The sale ground requires a statutory declaration that the landlord intends to sell within nine months and that the notice is made in good faith. If Liam does not sell within the required period, Sarah may have a remedy under the RTA. The sale ground does not dispense with the correct notice period or the prescribed form. Liam's threat to change the locks is unlawful; it could amount to an offence and would strengthen Sarah's application to the RTB. The practical advice is to regularise the notice, not to self-help.