Gerard Murphy given eviction notice

The Residential Tenancies Act 2004, as amended, prescribes formalities for a valid Notice of Termination of tenancy, including the requirement to specify the “date of service” and the “termination date”. According to the Act, these should be the only two dates on a Notice of Termination.

Section 62 of the Act requires a landlord to “serve a copy of the notice” on the Residential Tenancies Board (RTB) on the same day the notice is served on the tenant. If the notice is not served on the RTB on the same day, it shall be invalid.

A notice can be served in several ways, including by post. Section 25 of the Interpretation Act 2005 provides that the service of a document is deemed to have been effected at the time it would be delivered in the ordinary course of post.

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In the case of Argutinski v RTB [2026] IEHC 225, the High Court considered a number of technical issues in relation to service of a Notice of Termination of tenancy under the Residential Tenancies Act 2004 (as amended).

Section 6 of the Act allows a notice to be served in a number of ways: (i) by delivering it to the person;(ii) by leaving it at the address at which the person ordinarily resides, or where an address for service has been furnished at that address;(iii) by sending it by post in a prepaid letter to the address at which the person ordinarily resides or, where an address for service has been furnished to that address;(iv) by sending it by electronic means including to an email address, fax number or other electronic contact point.

The distinction between “date of service” and “date of receipt” is important, as it can affect the validity of a Notice of Termination.

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A valid Notice of Termination must specify the correct termination date, which should occur on the expiry of or after the minimum period of notice required. This is particularly relevant where the tenancy is less than six months in duration, and the landlord wishes to terminate the tenancy before a tenancy of unlimited duration is created.

The requirement to serve a copy of the Notice of Termination on the RTB is intended to inform the tenant of their rights and obligations. Upon receipt of the copy of the notice, the RTB is required to inform the tenant in writing of their right to refer a dispute to the RTB, the time limits for doing so, and a copy of the statement provided under section 135(4)(e) of the Act.

A valid Notice of Termination must also inform the tenant of their right to refer a dispute to the RTB. There is also much greater public awareness of the role of the RTB and the rights of landlords and tenants generally than there used to be in the past.

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Section 6(6) of the Residential Tenancies Act provides if a dispute is referred to the RTB concerning a Notice of Termination that if “ … it is shown that a notice was served or given in accordance with the provisions of this section and on the date that it is alleged it was served or given, the onus shall be on the recipient to establish … that the notice was not received in sufficient time to enable compliance with the relevant time limit specified by or under this Act.”

There is a time limit under section 80 of the Act to refer a dispute concerning a Notice of Termination. If the tenant (or landlord) is in breach of obligation, eg rent arrears, the time limit is 28 days, otherwise it is 90 days. The Board of the RTB can extend this time limit under section 88.