The Issue
Notice periods are the amount of time that a tenant is entitled to receive when a landlord decides to evict. These periods increase depending on how long the tenant has been in occupation. The amount of time that a tenant is given to vacate their home can be the difference between finding suitable alternative accommodation and not. it is our view that longer notice periods have a positive impact on the prevention of homelessness. This is particularly true in circumstances where a tenant has sufficient resources, but has trouble in sourcing alternative accommodation.
The Solution
The notice periods were revised in 2019 and extended. The extension of the notice periods was welcomed by Threshold and, in our view better reflected the reality of renting in Ireland.
The Notice Periods were reviewed in 2022 and Threshold contributed to that review. We noted that internationally there are a number of different approaches to notice periods and that it is slightly uncommon for the notice period to vary according to the time spent in the property. The approach taken in Ireland – to gradually move from a very short notice period to a much longer period dependent upon the time the tenant has spent in the property – meant that while tenants who have been in occupation for a number of years may enjoy among the highest notice periods internationally, tenants who have been in occupation for a shorter time may experience notice periods that don’t compare favourably to international comparators. We reiterated our long-standing view that, particularly for shorter tenancies, the notice periods did not allow for sufficient time for people to source alternative accommodation.
Following the review of the notice periods, the Department introduced legislation to increase notice periods. The notice period for tenancies of less than six months was increased from 28 days to 90 days among other welcome changes. See updated notice periods that landlords must give tenants.