Tenant Eviction Laws in Ireland
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Tenant Eviction Laws in Ireland

Tenant Eviction Laws in Ireland are slightly different to other places and if a landlord rents out a room in their home they are not covered by landlord/tenant legislation in Ireland. It is best people are aware of the laws before they rent a property on the Emerald Isle.

Local Authority tenants in Ireland have a fairly safe tenure providing they pay their rent on time and do not break any of their tenancy conditions.

Legally the Irish Local Authorities can evict tenants without reason as long as they follow the correct procedure but this hardly ever happens to good tenants and they are normally able to stay in their home for as long as they like.

The rules for Housing Associations which provide housing for people who cannot afford to buy their own homes are slightly different but like Local Authorities they can evict tenants without reason. But again tenants who never miss a payment and look after their rented homes are unlikely to be asked to leave.

Should it be necessary for a Local Authority or Housing Association to evict a tenant there are correct procedures they must follow. First they must issue a "Notice to Quit" then apply for a Court Order to evict the tenant.

Those who are in temporary accommodation provided by a Housing Association are in a much more precarious position as the Association does not legally have to issue a "Notice to Quit" to temporary residents. However they are unlikely to evict their tenants without good reason.

The Rent Control Act of Ireland which dates back to World War One does lean towards the tenant rather than the landlord as the Act ensures their security by providing a maximum period of tenancy for four years.

Unlike the UK where the Landlord and his or her agent sets the amount to be paid when a tenancy is taken out, in Ireland the tenant and the landlord mutually agree the amount of deposit to be paid when the tenant rents his property. They also mutually agree the lease which can be verbal or laid down in writing.

If the tenancy is for more than 12 months there has to be a written agreement signed by both parties. Legally the landlord can issue a "Notice to Quit" to the tenant within the first six months but after that period has passed the landlord must give the tenant a specific reason for their eviction and issue a legal notice.

A landlord has the right to evict a tenant for the following reasons:

  • The tenant fails to pay his rent and runs up arrears
  • The landlord requires his house back
  • The landlord needs to renovate the entire house
  • The landlord needs the house to rent to members of his family
  • The landlord wishes to change the house from residential to business use.

The landlord is required to give the following period of notice to the tenant.

  • A tenancy of Less than 6 months 28 days
  • A tenancy of 6 months - 1 year  35 days
  • A tenancy of 1 - 2 years  42 days
  • A tenancy of 2-3 years 56 days
  • A tenancy of 3-4 years 84 days
  • A tenancy of more than 4 years 112 days

Renting a room in Ireland can be a risky business both for the landlord and the tenant. If a landlord rents out a room(s) in their home  they are not covered by landlord/tenant legislation in Ireland. This means they do not have to register with the PRTB as a landlord, provide a rent book to the tenant or ensure that the accommodation provided meets any minimum physical standards.

It also means that private tenants living in the landlord's principal home are living under a "Licensee Agreement" not a "tenancy agreement" and are only entitled to "reasonable notice" if the landlord chooses to terminate the agreement.

Tenants are entitled to refer disputes regarding periods of reasonable notice, retention of deposits and disputes regarding deductions from rent for damage to property that is over and above normal wear and tear to the small claims court.

Consumer advisory: For those requesting information, please see our summary of ongoing legal action against Mark Mazza, Patrick Williams, and PromoCodeWatch, LLC.
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