Large Landlord queries re tenancies before the 1st March 2026.

M

Meath Lady

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We are now considered large landlords with 5 tenancies ( 3 in one house) and are thinking strongly about terminating some or all tenancies on the basis of selling and unclear if we can do this now by serving the required notice which I think off hand is 183 days notice.

The first tenancy I am concerned about as it will be 4 years in existence on 3rd July 2025 having commenced on 3rd July 2021. Has the 4 years any relevance or am I free to serve a termination notice in the coming weeks or should I do so before 3rd July 2025.

Two other tenancies commenced in Sept/Oct 2021 so again is the 4 years relevant here or do I need to be aware of any other issues.

Another tenancy commenced on 1st February 2024 so is now in its second year.

The final tenancy commenced in April 2019 and became a hap tenancy in Oct 2022. Does this restrict my serving a notice as its now over 6 years.

I am aware we will loose whatever tax incentive the Government brought in in 2023 and will have to pay back whatever credit we received as I think that depended on continuing to lease for 4 or 5 years from memory but we will deal with that in due course.

Supposing we decided we would just like a break from letting our properties for a few years is there anything we can do in those circumstances or is the only option to sell to avoid tenancies of indefinite duration.
Also if we fail to go sale agreed 9 months after terminating but still intend selling what are the consequences.

Do I need to have an iath signed before I can issue any notices.

Apologies for the very long question but I am now totally confused and in 30 years never terminated a tenancy but feel strongly the time is drawing close.
Thank you in advance
 
In your shoes I would engage a solicitor experienced with this. You may think you are but one T not crossed could see your 183 days reset to -183 days.
This process seems to be designed to catch out the unfortunate Lamdlord.
 
Persia said:
This process seems to be designed to catch out the unfortunate Lamdlord.
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You can bet that paperwork to evict to sell at the end of the 6 year reset will be made as difficult and complicated as possible. If you mess up you won't get a second shot at it for another 6 years.
 
Meath Lady said:
Two other tenancies commenced in Sept/Oct 2021 so again is the 4 years relevant here or do I need to be aware of any other issues.
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I believe as these two tenancies commenced before June 2022, they are still in a Part 4 tenancy of 6 years. You can therefore end the tenancy without reason at the end of the 6 years (which would be in Sep/Oct 2027, though you would need to give the appropriate notice before the 6 years were up). See below screenshot from the RTB website.

Part 4 tenancies (tenancies started after 24 December 2016 but before 11 June 2022)​

If a tenancy began after 24 December 2016 but before 11 June 2022, old security of tenure rules apply.

Your tenancy follows a 6-year cycle:

  • After 6 months of living continuously in the property (without a valid Notice of Termination being served) you get Part 4 tenancy rights. This means you have the right to stay in the property for a further 5 ½ years, unless the tenancy is legally ended.
  • After these 6 years, the tenancy ends and a new tenancy can begin.
  • Your landlord can end the tenancy at the end of the 6-year cycle without giving a reason.
  • If the landlord does not end the tenancy at the end of this cycle, it automatically becomes a tenancy of unlimited duration.
By 11 June 2028, all tenancies will be tenancies of unlimited duration. This is because all existing 6-year cycle tenancies will have ended by then.
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Thanks for all the replies/advice here..

Not sure if I am overthinking this or am stuck and cannot sell in the current climate.
One house divided into 3 apartments of which
Apt 1, lease commenced 3/7/21.
I think I can serve a not here up to July 2027.

Apt 2 lease commenced October 2021. So I guess its a similar situation to above but I think tenants will be leaving in next 9 months anyway for house purchase.

Apt 3. Lease only commenced here in February 2024. So do these tenants have a 6 year lease and therefore I can't issue a no fault eviction notice even if I wish to sell.

Am I correct in thinking I cannot sell in 9 months after serving notice to Apt 1 and 2 if tenants in Apt 3 have rights to stay.

Struggling with all of this now .
So really want to know can I now or in the near future serve all 3 with termination notices if selling.
 
Meath Lady said:
So really want to know can I now or in the near future serve all 3 with termination notices if selling.
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I honestly think (and reading James Browne in the Dail recently confirms this) that existing tenancies will stay as they are. The six year or permanent rule only applies to new tenancies granted after March 2026.

Even if I am wrong, they can't just bring in this rule out of the blue - it doesn't work like Trump's tariffs. There must be legislation in place to do this. There is nothing at the moment and the process won't start until September. So you can do everything you could do previously now.
 
Meath Lady said:
Thank you Greenbook. I feel that gives me a little breathing space to make decisions.
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You're welcome.

You do need to think carefully here. It seems existing tenancies continue as they are with the current rules as to rent increases.

Tenancies created after March 2026 are reset at market value but are 2% or inflation for six years (and the reset at year 6 may never happen). More importantly as a large landlord you will be creating forever tenancies. Unless the tenant leaves themselves, you can only sell with a sitting tenant. There is a very limited market for this and even then only at a steep discount.
 
Hi all.

Im looking for some advice re 1 property I have.(Small landlord less than 3 properties)
Our idea was to keep this property without selling it as
it is in a fairly good location
possibly passing it on to our kids.
Earn good rental income.

-The tenants are in since 2019 so they are a pre June 2022 tenancy.
-The 6 years are up this Sept 25.

-They have been paying well below market rates for this time (€1800 instead of €2500 upwards)but we have been happy enough with that.They were looking to buy but I think that now they have given up on the idea and think its better value to stay renting.

Option 1
-At this minute in time I can give notice to them without giving any particular reason.
Then chose a new tenant that may not stay too long and charge them the €1800.
When they move on chose new tenants over time that may not stay too long but at the new market rates.Ideally It would be nice to be able to sell someday without the new restriction of waiting for the 6 years

Option 2
Renew for another year €1800 plus 2%

My problem is If I renew this Sept they hsbr increased rights and I can only ever give notice if Im selling ,rufurb ,own use etc.

Prob a small chance they will buy something but I can see them staying put on this low rent indefinitely and therefore
I will be on the low rent indefinately.

As this lease was in place well before March 26
I would continue at the low rent but I would still have the option to sell at the end of every year?


Any help is really welcome
 
Millie* said:
Then chose a new tenant that may not stay too long and charge them the €1800.
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You can't do this. You can only re-set to a higher rate with a new tenant if the previous tenant left voluntarily. If you evict for whatever reason, then the new tenant must be charged the same rent as the old one. It makes sense - not having this rule would just encourage evictions.
 
Keep in mind also that if you are caught making a mistake like this even if it was due to a genuine misunderstanding of the rules on your part, the Minister has said that the fine will be €30,000. Very unfair as the complexity makes mistakes likely to happen, but that will be the law.

Annual registration, the fact that eviction notices must be sent to the RTB makes it much easier for them to pick up things like this.
 
I have a single house let since early 2023. I understand this is a "Tenancy of Unlimited Duration" but I am allowed to sell the house as long at I give appropriate notice etc. Currently that notice would be 56 days.

With the upcoming changes how would they impact my situation ?
Would I be able give notice today of 56 days and sell ?
If I do nothing now, what changes after 1st March 26 ? Do it continue on the current Unlimited Duration tenancy but I still have the same options to sell in future as I have today ?
Does the lease ever a 6 year lease and then have the stricter rules for termination applies ?
 
Jordan Belfort said:
If I do nothing now, what changes after 1st March 26 ? Do it continue on the current Unlimited Duration tenancy but I still have the same options to sell in future as I have today ?
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Jordan Belfort said:
Does the lease ever a 6 year lease and then have the stricter rules for termination applies ?
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It seems (subject to seeing the legislation which won't be produced until the Autumn now), your existing lease will continue as it is ie. a lease of unlimited duration, you can evict to sell if you give the correct notice and complete all the forms, current rent and RPZ rules will continue to apply.

Any entirely new lease to new tenants which you grant after March 2026 will be rolling 6 year one if you are a small landlord. You'll only be able to evict to sell at year 6 (there are some limited grounds for eviction during the lease), you can set the rent at market value when you enter into the lease, but increases afterwards are at the lower of 2% or HICP inflation.
 
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