Section 37 of the Residential Tenancies Act 2004 – Deemed termination by tenant

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)Subject to subsection (3), a Part 4 tenancy shall be deemed to have been terminated by the tenant on his or her vacating the dwelling if—

(a) before or on or about that vacating, he or she serves a notice of termination in respect of the tenancy that does not give the required period of notice, and

(b) before or on that vacating the rent has fallen into arrears.

(2)Subject to subsection (3), a Part 4 tenancy shall also be deemed to have been terminated by the tenant upon any rent owed by him or her being in arrears for a period of 28 days or more if—

(a) whether before or after the end of that period, the tenant has vacated the dwelling, and

(b) no notice of termination has been served by the tenant in respect of the tenancy.

(3)Subsections (1) and (2) do not apply if the Part 4 tenancy has been sub-let or assigned.

(4)Nothing in the preceding subsections affects the liability of the tenant for rent for the period that would have elapsed had a notice of termination giving the required period of notice been served by him or her.

(5)This section is subject to Chapter 6.

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

Provisions referring to this one

Section 194Deemed termination of tenancy to which Part 4 does not apply

Other provisions in this part

Text according to the official source. Only the official publication is legally binding.