The 90-Day Notice in a Rent Pressure Zone
A landlord owns a two-bedroom apartment in Cork city, within a Rent Pressure Zone. The tenant has lived there for four years under a Part 4 tenancy and pays €2,200 per month. On 1 February the landlord serves a notice of termination stating that he intends to sell the apartment within the next nine months. The notice is in the prescribed form and gives 90 days to vacate, ending on 2 May. The tenant has always paid rent on time, but the landlord also claims €1,800 for a broken oven and €600 for 'wear and tear'. The landlord says the tenant must leave because a buyer wants vacant possession. The tenant has a disability and has asked for an extension. The landlord has not offered the tenant the apartment if the sale falls through. The tenant wants to know whether the notice is valid, whether she can stay, and what happens to the deposit.
1. Is the notice of termination valid?
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The notice is invalid. The tenant has a Part 4 tenancy, so the landlord may only terminate on a statutory ground and with the prescribed notice. The sale ground requires the landlord to intend to sell within nine months and to state that in the notice. The notice period depends on the length of the tenancy: for a tenancy of four years, the required period is 224 days, not 90 days. The notice must also be in the prescribed form and signed by the landlord. A 90-day notice cannot be saved by the fact that the landlord genuinely wants to sell. The buyer's desire for vacant possession is not a separate ground. The landlord has also not offered the tenant the apartment if the sale falls through; that is relevant to the sale ground and to whether the notice is bona fide. The notice is therefore defective, and the tenant is entitled to remain until a valid notice is served and expires.
2. What are the tenant's options, and what should she do about the damage and wear-and-tear claims?
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The tenant should write to the landlord immediately, citing the invalid notice and asking him to confirm he will not treat it as effective. She should keep paying rent and not withhold it. If the landlord tries to rely on the notice or threatens eviction, she can refer the dispute to the Residential Tenancies Board; an invalid notice cannot ground an eviction. The deposit is her money and cannot be retained for 'wear and tear', which is the landlord's responsibility. The broken oven claim must be proved: the landlord must show the tenant caused damage beyond fair wear and tear, with receipts and evidence. Even then, the landlord cannot simply deduct from the deposit without agreement or an RTB determination. She should photograph the apartment and keep records. If a new valid notice is served, she can ask for more time on disability grounds and seek advice; the landlord must consider it, though the statutory notice period is fixed.
3. Can the landlord sell with the tenant in situ, and what are the consequences if he does not follow the statutory process?
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The landlord can sell the apartment with the tenant in situ. A buyer takes subject to the tenant's Part 4 rights and the existing tenancy; vacant possession is not a legal requirement. If the landlord sells and the tenant has a valid tenancy, the new owner is bound. If the landlord purports to terminate on an invalid notice and the tenant overholds, the landlord must use the RTB and the courts; self-help eviction such as changing locks or removing belongings is unlawful and may be a criminal offence. The landlord may be liable for damages and costs. The tenant should not leave merely because the landlord says a buyer wants vacant possession. She should also check the RTB register and keep evidence of rent payments. The deposit remains protected; any dispute over deductions can go to the RTB.