Section 35B of the Residential Tenancies Act 2004 – Further restriction on termination of certain tenancies by certain landlords

Residential Tenancies Act 2004 (RTA 2004) · PART 4 – Security of Tenure › Chapter 3 – Termination of Part 4 tenancy

Revised Act prepared by the Law Reform Commission, updated to 1 March 2026. Amendments made after that date are not included.

(1)In this section—

"civil partner" has the same meaning as it has in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

"relevant Part 4 tenancy" means a tenancy, referred to in paragraph (a) of section 29, that commences on or after 1 March 2026;

"tenancy of minimum duration" means a continuous period of 6 years under a relevant Part 4 tenancy—

(a) from the commencement of the relevant Part 4 tenancy, or

(b) from each sixth anniversary of that commencement.

(2)A relevant Part 4 tenancy shall not be terminated by the landlord on the ground specified in paragraph 3, 4, 5 or 6 of the Table to section 34 where the landlord is a company or a landlord under more than 3 tenancies of dwellings.

(3)Subject to subsections (4) and (5), a relevant Part 4 tenancy shall not be terminated by a landlord to whom subsection (2) does not apply—

(a) on the ground specified in paragraph 3 of the Table to section 34, or

(b) on the ground specified in paragraph 5 or 6 of the Table to section 34.

(4)Subsection (3)(a) does not apply where the landlord can show to the satisfaction of the Board that—

(a) the landlord requires the consideration arising from the transfer referred to in paragraph 3 of the Table to section 34 to provide a principal private residence (within the meaning of section 473B of the Taxes Consolidation Act 1997) for the landlord or the spouse or civil partner of the landlord,

(b) the consideration arising from the transfer referred to in paragraph 3 of the Table to section 34 is required to enable the landlord, or the spouse or civil partner of the landlord, to discharge a debt, or make a payment to the Revenue Commissioners, of at least 15 per cent of the expected consideration arising from that transfer, which debt or payment, as the case may be, is legally required to be discharged or paid within 9 months after the termination date specified in the notice of termination, or

(i) is a debtor who has appointed a personal insolvency practitioner under section 49 (3) of the Personal Insolvency Act 2012,

(ii) is adjudicated bankrupt or is subject to proceedings for a declaration of bankruptcy or becomes an arranging debtor, or

(iii) makes a composition or arrangement with creditors, and the application of subsection (3)(a) would, having regard to all the circumstances of the case, cause undue financial or other hardship on the landlord.

(5)A relevant Part 4 tenancy may be terminated by a landlord to whom subsection (2) does not apply on the grounds specified in paragraph 3, 5 or 6 of the Table to section 34 if, in addition to any other requirement under section 34 or 35, a notice of termination (giving the required period of notice) is served by the landlord before the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy and that period of notice expires on or after the expiry of the tenancy of minimum duration.

Official source: revisedacts.lawreform.ie · Version: 2026-03-01 · Full text · Contents

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