Tenancies Of Less Than 6 Months Duration And Required Notice Period.
A matter of importance and which has been the subject of confusion for many landlords is the notice period required for short term lettings of less than 6 months. Many landlords have mistakenly thought that a tenancy of up to 6 months does not in fact require any significant notice period given that the tenant does not obtain security of tenure.
If a tenancy was created after 10 June 2022, then same is a tenancy of unlimited duration. This means if a tenant has rented somewhere for 6 months plus, they have the right to stay in that accommodation indefinitely (no end date), unless the landlord wants to terminate the tenancy for one of the allowed reasons. This means that irrespective of the length of the fixed term lease, a tenant has an entitlement to remain in the dwelling indefinitely and the landlord can only terminate the tenancy on limited grounds.
Accordingly, there has been confusion amongst landlords who have granted short term tenancies of less than 6 months with regards to the length of notice required to terminate same before the expiration of 6 months. The position is such that from the 6th of July 2022, the notice period a landlord must provide a tenant with when ending a tenancy of less than 6 months is 90 days. Accordingly, to validly end a tenancy (other than for non-payment of rent) before the expiration of 6 months, then a landlord must serve a Notice of Termination at the 3 month mark, giving the tenant 90 days to vacate.
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