Termination of a Tenancy by a Landlord
If you have a lease agreement normally notice cannot be given to you unless you are in breach, there is a break clause or both you and the landlord agree at the time to end the tenancy.
Where your landlord wishes to end your tenancy they must give you written notice of termination. The amount of notice depends on how long you have been in the tenancy. Below are the normal notice periods:
Duration of Tenancy Notice Period
Less than 6 months 28 days
6 months to 1 year 35 days
1-2 years 42 days
2-3 years 56 days
3-4 years 84 days
More than 4 years 112 days
In some situations specific notice periods must be given by your landlord:
- 7 day's notice for serious anti-social behavior or behaviour that is threatening to the fabric of the dwelling.
- For rent arrears it will depend upon whether you have a Part 4 tenancy or not:
- If you do not have a Part 4 tenancy the landlord must notify you of the arrears and if after 14 days rent is still owed the landlord can issue a minimum of 28 days written notice.
- If you have a Part 4 tenancy the landlord has an additional obligation to firstly notify you of your breach and of their entitlement to terminate the tenancy if the breach is not remedied within a reasonable period of time as specified in the notice before continuing with the procedure set out above.
- If you are at fault with your tenancy obligations your landlord must notify you of the problem and give you a reasonable opportunity to correct it but if it continues they can serve a minimum of 28 days notice in writing.
If there is no lease and your landlord wishes to terminate the tenancy in the first 6 months, they do not have to give a reason. Once the tenancy has lasted more than 6 months and less than 4 years, the landlord can only terminate the tenancy on specified grounds:
- Tenant has failed to comply with the obligations of the tenancy (Must first be given a warning and breach continues)
- The landlord intends to sell the dwelling within the next 3 months
- The dwelling is no longer suited to the needs of the occupying household
- The landlord requires the dwelling for their own occupation or that of a family member (If a member of landlord's family it must state the identity of person and their relationship to landlord)
- Vacant possession is required for substantial refurbishment of the dwelling (Must specify the nature of the work and if planning permission is required this must be included)
- The landlord intends to change the use of the dwelling.
In the last three grounds, the notice must contain certain additional details as specified in the Act relating to the former tenant being given first refusal to resume the tenancy should the dwelling become available for re-letting within 6 months of the termination.
For a notice to be valid it must:
- Be in writing
- Be signed by the Landlord or by agent
- Specify date of service.
- State the reason for termination (where a tenancy has lasted more than 6 months)
- Specify the termination date stating that they have the full 24 hours to vacate.
- State that an issue as to its validity may be referred to the PRTB
What to do
- If you have received a notice of termination and are unsure as to whether it is valid, contact your local Threshold office immediately.
- If you wish to challenge the notice you must refer a dispute to the PRTB within 28 days of receipt.