Amendment to the Residential Tenancies Act 2004

The Residential Tenancies Act, 2004 was amended on 4 June 2019 to introduce “Remedial Notices” along with changes to the notice periods applicable to terminate a tenancy.

Remedial Notices

Both landlords and tenants can now remedy a defective notice of termination to fix any defect identified by the adjudicator or Tribunal of the RTB by serving a new notice known as the ‘Remedial Notice’.  The Remedial Notice must be served within 28 days of the issue of the RTB’s Determination Order. 

If an incorrect notice period was given in the original notice of termination a landlord or tenant can now serve a 28-day remedial notice and add on to this the number of days that the original notice of termination was short.  

If the notice period originally given was correct but there was some other issue with the notice of termination, a 28-day remedial notice is all that is required.  

Remedial Notices would appear to only be applicable to cases which have been heard by the RTB and not applicable in situations where the landlord or tenant themselves becomes aware of an issue with their Notice of Termination. 

Changes to Notice Periods

Changes have also been made to the notice periods required for a Notice of Termination. The new notice periods are as follows:

Duration of Tenancy	Landlord Notice Period	Tenant Notice Period
Less than 6 months	28 days	28 days
6+ months, but less than one year	90 days	35 days
1+ year, but less than two years.	120 days	42 days
2+ years, but less than 4 years.	180 days	56 days
4+ years, but less than 8 years.	196 days	84 days
8+ years	224 days	112 days

It is important to remember that the day of service is not included in the calculation of the notice period as the clock commences on the day following service.

For further information please contact Jerry Burke (Partner) or your usual AMOSS contact.