What happens if I have been given notice but do not leave?
If you have been given notice to leave your accommodation you must firstly check that notice can be given and that it is a valid notice which fully complies with the Residential Tenancies Act 2004-2019. Information on how your landlord may end your tenancy can be found by clicking here and if you are in doubt contact Threshold for further advice.
If you have been given notice you can use the template letter to send to your landlord or agent. If you wish to dispute the notice you normally have 28 days within which to submit a case to the Residential Tenancies Board (RTB). If you are disputing notice you may remain in the property under the same terms and conditions such as paying the rent until the RTB decide on the case.
If you have been given a valid notice and do not dispute it then you should leave upon the expiry date unless you and the landlord mutually agree otherwise. If you do not leave your landlord cannot remove you or your belongings from the property. They have to refer a dispute to the RTB and the RTB can order you to vacate and you could face having to pay damages to the landlord for not leaving.
Squatter’s Rights and Adverse Possession
We do not have squatter’s rights in Ireland however there is what is called ‘Adverse Possession’ but this will happen very rarely. Acquiring adverse possession involves being in the accommodation for a period of 12 years or more, not paying rent with the expressed intention of excluding all others including the owner. Claiming 'Adverse Possession' will involve taking a case to the Circuit Court. We would recommend getting legal advice if you are claiming 'Adverse Possession'.