Security of tenure

What is security of tenure?

Security of tenure means that after you have been renting for a certain period, your landlord cannot ask you to leave without a valid legal reason. This protection is set out in Part 4 of the Residential Tenancies Act 2004 (as amended).

When do Part 4 rights begin?

You acquire Part 4 rights after six months of continuous occupation in a property, provided you have not received a valid notice of termination during that time.

Since the Residential Tenancies (Amendment) Act 2015 and the Planning and Development, and Residential Tenancies, Act 2020, tenancies effectively run indefinitely once Part 4 rights apply. The old system of four-year and six-year cycles has been replaced by tenancies of unlimited duration for new tenancies created from 11 June 2022.

Can my landlord end my tenancy?

Once you have Part 4 rights, your landlord can only end your tenancy for specific reasons set out in law:

• The landlord needs the property for their own use or for a family member
• The property is being sold and the landlord has a contract of sale or the property is on the market
• Substantial renovation is required that means the property must be vacant
• Change of use — the property will no longer be used as rental accommodation
• Breach of tenant obligations such as anti-social behaviour or non-payment of rent

What protections do you have?

• Your landlord must give you the correct notice period (which increases with tenancy length)
• The notice must be in writing and must state a valid reason
• You have the right to refer any dispute to the RTB within 28 days
• If your tenancy is ended due to sale or renovation, you may have the right to return to the property