Receiving a notice of termination is frightening — but a great many of them are invalid, and an invalid notice has no legal effect at all. The requirements are strict, and the RTB applies them strictly. Before you start packing, check whether your notice actually holds up — and if it doesn't, put your challenge on record in writing.
Key Points
- An invalid notice has no legal effect — the tenancy simply continues
- The notice period must match how long you've lived there (Section 66)
- Most grounds need a sworn statutory declaration served with the notice
- You generally have 90 days to refer it to the RTB
- Never leave because of a notice you believe is invalid without taking advice first
What Makes a Notice of Termination Invalid
1. Wrong notice period (Section 66)
The minimum notice rises with the length of your tenancy — from 90 days up to 224 days for long tenancies. Too-short notice voids it.
2. Missing or unsupported ground (Section 34)
After your first six months you have Part 4 security of tenure. A landlord can then only end the tenancy on one of the limited statutory grounds — and the ground must match the facts.
3. No statutory declaration
Grounds such as sale, the landlord needing the property, or substantial refurbishment require a statutory declaration sworn before a solicitor or commissioner for oaths, served with the notice. Omitting it voids the notice.
4. Defective form (Section 62)
The notice must be in writing, signed and dated, state the termination date, and state the reason for any tenancy over six months. A missing element is fatal.
5. Wrong termination date
The notice period runs from the date of service, not the date it was written. A date counted from the drafting day is usually too short.
How to Challenge It
Write to your landlord stating clearly that you consider the notice invalid, citing the specific section of the Residential Tenancies Act 2004 it breaches, and reserving your right to refer the matter to the RTB under Section 76. This creates a dated record of your objection and often prompts the landlord to withdraw a defective notice rather than risk an RTB finding against them. Do not move out, and do not let anyone remove you by force — self-help eviction is illegal.
Generate your notice-of-termination challenge letter
Flags the specific defect · Cites Sections 62, 66 and 34 · Reserves your RTB rights · Free preview · €19 to download
Generate My Challenge LetterFrequently Asked Questions
Can a tenant challenge a notice of termination?
Yes. You can refer the validity of the notice to the RTB. If it's found invalid, it has no effect and the tenancy continues.
What makes an eviction notice invalid in Ireland?
Wrong notice period, a missing or unsupported ground, no statutory declaration where required, an unsigned/undated notice, or a termination date counted from the wrong day.
How long do I have to dispute it?
Generally 90 days from receipt if you've met your obligations — sometimes less. Act quickly and confirm with the RTB.
What happens if the notice is invalid?
It has no legal effect — the tenancy continues. The landlord must start again with a fresh, valid notice.
Related Guides
See also: how to tell if a rent increase is invalid, getting a deposit back, and how to write an RTB dispute letter.