Objecting to a Landlord's Notice of Termination: Grounds, Formalities and Referral to the RTB
Lawful grounds for challenging a termination notice
The Residential Tenancies Act 2004 sets out an exhaustive Table of grounds on which a landlord may terminate a Part 4 tenancy, and a notice that does not fall within one of these grounds, or that misstates the applicable ground, is open to challenge. The Residential Tenancies Act 2004, section 34 Table sets out these grounds, including tenant default, intention to sell, occupation by a family member, substantial refurbishment, and change of use of the dwelling.
Where the stated ground is change of use, the notice must specify, in writing, the nature of the intended use and confirm the landlord's obligation to re-offer the tenancy if the dwelling becomes available for reletting within a specified period, as set out under Residential Tenancies Act 2004, section 34. If this statement is missing or inaccurate, the tenant has a strong basis for objection.
A tenant may also put in issue the bona fides of the landlord's stated intention — for example, whether the landlord genuinely intends to sell, to occupy the dwelling with a family member, or to change its use — as part of a dispute referred to the Board, in accordance with the provisions applicable to sub-tenancies under Residential Tenancies Act 2004, section 34.
Formal requirements of a valid notice
A notice of termination must comply with the requirements set out in Residential Tenancies Act 2004, section 62, which governs the form and content of a valid notice. Recent amendments introduced by the Residential Tenancies (Miscellaneous Provisions) Act 2026 require, in certain cases, that the landlord serve a copy of the notice on the Residential Tenancies Board on the same day it is served on the tenant, failing which the notice is invalid, as provided by Residential Tenancies (Miscellaneous Provisions) Act 2026, section 15.
Where the termination relates to a failure by the tenant to comply with an obligation under section 16 of the Act of 2004, the landlord must also serve a copy of the notice on the Board on the day it is served, under Residential Tenancies and Valuation Act 2020, section 11. A tenant who identifies that this step was not taken has grounds to argue that the notice is invalid.
Where the ground cited is rent arrears, section 67 of the Act of 2004 (as amended) requires that the tenant and the Board first receive a written notification of the arrears, and that the notice of termination is invalid if the landlord fails to comply with this requirement, per Residential Tenancies and Valuation Act 2020, section 12.
Deadlines for objecting and referring a dispute
The passages confirm that a tenant's entitlement to refer a dispute to the Board is governed by section 76 and the applicable time limit under section 80 of the Act of 2004, but the precise number of days within which a dispute must be referred is not set out in the passages reviewed here. Readers should verify the current time limit directly in Residential Tenancies Act 2004, section 62 and the associated provisions before acting.
Where a copy of the notice is served on the Board, the Board must notify the tenant in writing of his or her entitlements under section 76 and of the period after which a dispute may no longer be referred under section 80, as confirmed by Residential Tenancies (Miscellaneous Provisions) Act 2026, section 15.
Special temporary deferment rules have applied in the past to termination dates falling within defined emergency periods, for example under the Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022, section 2 and the Residential Tenancies and Valuation Act 2020, section 5. These provisions were time-limited and tenants should check whether any such deferment scheme remains in force before relying on it.
Consequences of an invalid notice and Board review
- A notice of termination that does not meet the statutory content and service requirements is invalid and has no legal effect, as illustrated by the invalidity consequences attached to non-compliance in Residential Tenancies Act 2004, section 62.
- A tenant who disputes the validity of a notice, or the bona fides of the landlord's stated reason, may refer the matter to the Residential Tenancies Board for adjudication under Part 6 of the Act, as reflected in provisions concerning Residential Tenancies Act 2004, section 34.
- Where a sub-tenant is unjustly deprived of possession because the stated reason for termination was not honoured, a complaint may be made to the Board seeking damages, per Residential Tenancies Act 2004, section 34.
- For certain landlords and relevant Part 4 tenancies commencing after 1 March 2026, additional restrictions and declaration requirements apply to termination on sale, occupation by family, or refurbishment grounds, as introduced by Residential Tenancies (Miscellaneous Provisions) Act 2026, section 14.
Step-by-Step Instructions
- Carefully review the notice of termination against the requirements of Residential Tenancies Act 2004, section 62 to check the stated ground, dates, and required statements.
- Identify whether the ground relied upon appears in the Table to Residential Tenancies Act 2004, section 34 and whether any accompanying statement or declaration required for that ground was provided.
- Confirm whether the landlord served a copy of the notice on the Residential Tenancies Board where required, referring to Residential Tenancies (Miscellaneous Provisions) Act 2026, section 15.
- Prepare and send a written objection letter to the landlord setting out the grounds of challenge, and consider referring the dispute to the Board without delay, verifying the current referral deadline beforehand.
- Retain copies of the notice, the objection letter, and all correspondence in case the dispute proceeds to adjudication.
Tenant's Objection Letter to Notice of Termination
[Tenant's Full Name] [Tenant's Address – the dwelling] [Email / Phone] To: [Landlord's Full Name] [Landlord's Address] Date: [Date] Re: Objection to Notice of Termination dated [date of notice] concerning the dwelling at [address of dwelling] Dear [Landlord's Name], I am writing in response to the Notice of Termination served on me on [date of service], which specifies a termination date of [termination date] and states as the reason for termination: [ground stated in notice, e.g. "sale of the dwelling" / "occupation by a family member" / "refurbishment" / "rent arrears"]. Having reviewed the notice, I wish to formally object to its validity on the following grounds: 1. [State specific defect, e.g. "The notice does not contain the statement/statutory declaration required for this ground under the Table to section 34 of the Residential Tenancies Act 2004."] 2. [State specific defect, e.g. "No copy of the notice appears to have been served on the Residential Tenancies Board as required."] 3. [State specific defect, e.g. "The notice period specified does not appear to comply with the requirements of section 62 of the Residential Tenancies Act 2004."] 4. [Optional: "I put in issue the bona fides of the stated intention to [sell/occupy/refurbish/change use], as I have reason to believe this ground is not genuine."] In light of the above, I do not accept that the notice is valid, and I reserve all my rights, including the right to refer this dispute to the Residential Tenancies Board for resolution under Part 6 of the Residential Tenancies Act 2004. I would ask that you confirm in writing, within [number] days of the date of this letter, whether you intend to withdraw the notice or to address the defects identified above. Yours sincerely, [Signature] [Tenant's Full Name]
Insert the actual dates, ground cited, and specific defects identified in the notice; verify the current statutory notice period and RTB referral deadline before finalising the letter.
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Frequently Asked Questions
It is safer to respond in writing setting out why the notice is defective and, if necessary, refer the dispute to the Residential Tenancies Board, rather than simply ignoring it, since an invalid notice has no legal effect but the tenant may still need to formally contest it under Residential Tenancies Act 2004, section 62.
Where such service on the Board is required and is not carried out, the notice is invalid, as provided by Residential Tenancies (Miscellaneous Provisions) Act 2026, section 15.
Yes, a tenant may put in issue the bona fides of the landlord's stated intention as part of a dispute referred to the Board, as reflected in Residential Tenancies Act 2004, section 34.
Past legislation, such as the Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022, section 2, introduced temporary deferments; these were time-limited, and the reader should verify whether any such scheme currently applies.
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This template is based on the Ireland legislation in the Europaius corpus. Verify the current wording before use; this does not constitute legal advice. Legal Advisor · Europaius IE