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Security of tenure

The Residential Tenancies Act provides for security of tenure in your tenancy however the format of this protection will vary, depending upon whether your tenancy was created before 11th June 2022 or from that date.

Tenancies Created Before 11th June 2022

Where you have been in a tenancy for six months and have not been given a valid notice of termination, you automatically acquire security of tenure. This is called a Part 4 or Further Part 4 tenancy and, from 24th December 2016 ‘Part 4 Tenancies’ and further ‘Part 4 Tenancies’ were extended, from 4 to 6-year tenancy cycles. Your Part 4 or Further Part 4 tenancy can only be ended on specific grounds such as your landlord selling the property and, the longer you are living in the property, the more notice you are entitled to.

Claiming a Part 4 tenancy at the end of a fixed term agreement

If you have a fixed-term contract or lease such as a 12 month tenancy agreement and wish to remain in the property under the rights acquired under Part 4, you must notify your landlord of your intention to stay in the property, not more than 3 months and not less than 1 month, before the expiry of your fixed-term tenancy or lease agreement. You may download the template opposite to do this. If you fail to do so, you do not lose your right to a ‘Part 4 Tenancy’ but you may have to compensate the landlord for any financial loss incurred because you did not notify them of your intention to remain in the tenancy. Once your lease expires there is no obligation on you to sign another lease. For further information on leases, click here

 Further Part 4 Tenancies

If you remain in your tenancy for the full period of your ‘Part 4 Tenancy’, another tenancy cycle automatically begins called a 'Further Part 4 tenancy'. For any new ‘Part 4 Tenancies’ and ‘Further Part 4 Tenancies’ that come into existence from 24th December 2016 the cycle was extended from 4 to 6 years. In the absence of a fixed term agreement, the landlord can only end your ‘Further Part 4 Tenancy’  but only on specific grounds.

Exceptions to Part 4 Tenancy

There are some exceptions to claiming security of tenure through a ‘Part 4 Tenancy’:

- A dwelling that is one of 2 dwellings, within a building that was originally one dwelling; where the tenant resides in one dwelling and the landlord resides in the other. The landlord must notify the tenant of this exemption in writing, at the commencement of the tenancy in order for it to be enforceable.

- Section 50 student accommodation

- Accommodation tied to the tenant's job.

 

Tenancies Created from 11th June 2022

The Residential Tenancies (Amendment) Act 2021 introduced a number of changes, including the removal of tenancy cycles and that, all new tenancies created on or after 11 June 2022 become tenancies of unlimited duration after 6 months, rather than the previous 6 year tenancy cycle.​ Landlords will not be able to end this coming to the end of the 6 year tenancy cycle as they can for existing Part 4 or Further Part 4 tenancies. A landlord can still terminate on specific grounds set out in the Act provided they give you valid notice in writing.

There are transitional provisions for existing tenancies to move to indefinite tenancies and landlords of existing tenancies can opt in to indefinite tenancies. Please visit www.rtb.ie for updates.

 

What to do

If you are unsure as to whether you have a ‘Part 4 Tenancy’ or 'Further Part 4 Tenancy' contact your nearest Threshold office. 

If you have a lease and wish to notify the landlord of your intention to stay on in the tenancy, use the template provided.