The Eviction Ban for Winter 2022/2023, which protected private renters from being evicted during the current cost-of-living and housing crises, has been lifted.

The effect of the Eviction Ban was to postpone the date upon which a tenant who had received a valid Notice of Termination had to leave their home. This meant that you didn’t have to leave your home for the duration of the Eviction Ban, even if you had received a valid Notice of Termination.

As the Eviction Ban has been lifted, the postponed termination dates are starting to take effect on a phased basis.

We set out below some information on your legal position if you have received a Notice of Termination.

When do I have to leave my home?

If you have been served with a valid Notice of Termination, you do not have to leave your home immediately.

The date upon which you have to leave your home (i.e. the termination date) depends on when you received the Notice of Termination and how long you have been in your home.

If your original termination date was between 30th October 2022 and 31st January 2023, your new termination date is as follows:

Duration of Tenancy	New Termination Date
Less than 6 months	1st May 2023
More than 6 months, less than 1 year	1st May 2023
More than 1 year, less than 7 years	15th April 2023
More than 7 years	1st April 2023

If your original termination date was between 1st February 2023 and 31st March 2023, your new termination date is as follows:

Duration of Tenancy	New Termination Date
Less than 6 months	18th June 2023
More than 6 months, less than 1 year	1st June 2023
More than 1 year, less than 7 years	1st May 2023
More than 7 years	1st April 2023

Is my Notice of Termination valid?

In order for a Notice of Termination to be valid, it must comply with the legal requirements as set out in the Residential Tenancies Act 2004.

A valid Notice of Termination must:

1. Be copied to the RTB at the same time as it is served on the tenant. (From 6 July 2022, a Notice of Termination will be deemed invalid if the landlord does not send a copy to the RTB on the same day the notice is served to the tenant)   
2. Be in writing (an email will not suffice).
3. Be signed by the landlord or their authorised agent, as appropriate.
4. Specify the date of service. This is the date the notice is posted, or hand delivered.
5. State the grounds for termination (where the tenancy has lasted for more than 6 months or is a fixed term tenancy).
6. Specify the termination date and also that the tenant has the whole of the 24 hours of this date to vacate possession.
7. State that any issue as to the validity of the notice or the right of the landlord to serve it must be referred to the RTB within the time period permitted.  

Further information in relation to what a valid Notice of Termination looks like can be found here: Notices of Termination | Residential Tenancies Board (rtb.ie).

Can my landlord require me to leave my home immediately?

A landlord cannot require you to leave your home immediately. Furthermore, a landlord cannot physically remove you from your home, change the locks or cut off your electricity supply.

These are examples of illegal evictions. Further information in relation to illegal evictions can be found here: What is an illegal eviction? | Residential Tenancies Board (rtb.ie)

What should I do if I have received a Notice of Termination?

If you have received a Notice of Termination, you should check if the Notice of Termination is valid. If it is not valid, you may be able to challenge it in the RTB.

Since 6 July 2022, if a tenant has an issue with the validity of the Notice of Termination they have received, a tenant now has 90-days (from the receipt of the notice) to apply for Dispute Resolution with the RTB. This was increased from 28-days. 

If you are at risk of homelessness after receiving a Notice of Termination, you should contact your Local Authority.

Further help

• Community Law & Mediation: Book Free Legal Advice Clinic Online – Community Law (communitylawandmediation.ie)
• Threshold: https://threshold.ie/get-help/
• Residential Tenancies Board: Home | Residential Tenancies Board (rtb.ie)
• Local Authorities:  gov.ie – Local Authorities (www.gov.ie)

Housing & Legal Charities:

• FLAC
• Mercy Community Law Centre
• Ballymun Community Law Centre
• Focus Ireland
• Simon Community
• Peter McVerry Trust