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Section 67 of the Residential Tenancies Act 2004 – Period of notice for termination by landlord where tenant in default

Residential Tenancies Act 2004 (RTA 2004) · PART 5 – Tenancy Terminations — Notice Periods and other Procedural Requirements › Chapter 3 – Period of notice to be given

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

(1)This section applies where the tenancy is being terminated by the landlord by reason of the failure of the tenant to comply with any of the obligations of the tenancy.
(2)Where this section applies the period of notice to be given by the notice of termination is—

(a) 7 days, if the tenancy is being terminated by reason of behaviour of the tenant that is—

(i) behaviour falling within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17(1), or

(ii) threatening to the fabric of the dwelling or the property containing the dwelling,

or

(aa) in the case of the termination of a Part 4 tenancy, 28 days (regardless of the duration of the tenancy) provided that, where the reason for such termination is the failure by the tenant to pay an amount of rent due, the condition specified in subsection (3) is satisfied,

(b) in the case of the termination of a tenancy of a dwelling to which Part 4 does not apply, 28 days, if the tenancy is being terminated—

(i) for any other reason (but not a failure to pay an amount of rent due), or

(ii) for failure to pay an amount of rent due and the condition specified in subsection (3) is satisfied,

regardless of the duration of the tenancy.

(3)The condition that applies in respect of paragraph (aa) and subparagraph (ii) of paragraph (b) of subsection (2) is that—

(a) the tenant and the Board have been given a notification (in such form as may be specified by the Board) in writing by the landlord that such amount of rent due as is specified in the notification has not been paid to the landlord, and

(b) that amount is not paid to the landlord within the period of 28 days following—

(i) receipt of the notification by the tenant, or

(ii) receipt of the notification by the Board,

whichever occurs later.

(3A) Where the Board receives a notification under subsection (3), it shall forthwith—

(a) provide the tenant concerned with such information in writing as will enable him or her to obtain advice of the type referred to in paragraph (ca) (inserted by paragraph (a) of section 28 of the Social Welfare (Miscellaneous Provisions) Act 2008) of subsection (1) of section 7 of the Comhairle Act 2000, and

(b) request the tenant to give his or her consent to the Board’s assisting the tenant in obtaining such advice.

(3B) The Board shall assist a tenant in obtaining advice referred to in subsection (3A) if the tenant gives his or her consent pursuant to a request referred to in that subsection.

(3C) …

(4)This section is subject to section 69.

Official source: revisedacts.lawreform.ie · Version: · Full text · Contents

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