Chapter 5 of 10 · Notices and eviction · 3 of 12
Landlord or family moving in: the ground and the declaration
Who counts as family during and after the six-year cycle, the statutory declaration, the re-letting offer, and how to check the claim.
Checked 27 OCT 2026 · 4 sourcesWritten in plain English for the person paying the rent. This guide covers the Republic of Ireland only.
A landlord may end a tenancy because they, or a member of their family, need to live in the dwelling. The notice must carry a statutory declaration naming the person and their relationship to the landlord, and it must give the full notice period for the length of your tenancy. Whether the ground is open to your landlord at all depends on when the tenancy began and on how many tenancies the landlord has.
For a tenancy that began on or after 1 March 2026, only a smaller landlord can use the ground. During a six-year cycle the person moving in must be close family: a spouse or civil partner, a child, a parent or an in-law. At the end of a cycle the list widens to a grandparent, a grandchild or a sibling. A larger landlord, meaning four or more tenancies or any company, cannot end a 2026 tenancy to move anyone in.
For a tenancy that began before 1 March 2026 the ground is open to any landlord at any time, with the declaration and the full period. The notice checker tests the notice item by item against your answers, and this guide explains what it is testing.
Who counts as family
| Stage, for a tenancy that began on or after 1 March 2026 | Who may move in |
|---|---|
| During a six-year cycle (smaller landlord only) | The landlord; a spouse or civil partner; a child, step-child, foster child or adopted child; a parent, step-parent or parent-in-law |
| At the end of a six-year cycle (smaller landlord only) | Everyone above, and a grandparent, a grandchild or a sibling |
| Any time (larger landlord) | No one. The ground is not open to a larger landlord |
A cousin, a nephew, a niece, a partner the landlord is not married to or in a civil partnership with, or a friend does not count for a 2026 tenancy. The landlord moving in themselves counts at either stage.
For a tenancy that began before 1 March 2026, the Act's definition of family for the ground applies to any landlord, and it includes the close and the wider relatives in the table. The declaration names the person, so check the relationship it gives against the list.
The three regimes
Began before 1 March 2026. The ground is open to any landlord, whatever their size, at any time after the first six months. A landlord with a single property and a company with hundreds are treated the same. A tenancy that began before 11 June 2022 can also be ended without any reason at the end of each six-year cycle, so a family-occupation notice near a cycle end may be a choice of route rather than a necessity.
Began on or after 1 March 2026. The tenancy is a Tenancy of Minimum Duration in six-year cycles. A smaller landlord, an individual with three or fewer tenancies, may end it during a cycle for close family occupation and at the end of a cycle for wider family occupation. A notice at a cycle end must be served before the cycle ends with a termination date on or after it. A larger landlord has no family-occupation ground at any point.
Size is assessed on the day the notice is served. You can ask the RTB in writing, with proof of identity and a copy of the notice, whether your landlord has three or fewer tenancies. Smaller and larger landlords explains the rule and has the request, and the six-year cycle shows where a cycle begins and ends.
The statutory declaration
A family-occupation notice must carry a statutory declaration. That is a sworn statement, signed before a solicitor or a commissioner for oaths, in which the landlord confirms the facts the ground needs. It names who will live in the dwelling, their relationship to the landlord, and that they need it as their home. Since 1 March 2026 a smaller landlord's declaration must also state that the landlord is not a company and has no more than three tenancies.
A notice on this ground without a declaration, or with one that names a person outside the list, may be invalid on your answers. An invalid notice does not end the tenancy. A declaration that turns out to be untrue is a serious matter for the landlord, and the RTB can award damages where the ground was not genuine.
The rest of section 62 still applies: in writing, signed, dated, the date of service, the termination date, the reason, and the statement that you may refer a dispute within 90 days. A copy must reach the RTB within 7 days of service. The notice period is the ordinary one for the length of your tenancy, from 90 to 224 days. What a valid notice must contain has the full list and notice periods for tenants in 2026 has the table.
The offer back if the home is not used
The ground rests on a need to live in the dwelling. If the landlord or the family member does not move in, or moves out again within the period the Act sets, the ground has fallen away. If the landlord then wants to let the dwelling again, the landlord must offer a tenancy to you first.
That offer depends on the landlord being able to reach you. Before you leave, give the landlord an address and an email for the purpose, in writing, and keep a copy. A landlord who re-lets to someone else without making the offer has breached the obligation, and the RTB can award damages for the loss.
For a tenancy that began on or after 1 March 2026 a family-occupation notice is a no-fault termination. The landlord cannot set the rent of the next tenancy to market for two years after it. If the home appears on the market at a higher rent, that is itself a breach. When rent can be reset to market has the rule.
How to check the claim
Before you leave, three checks are worth making. First, the landlord's size, if the tenancy began on or after 1 March 2026: ask the RTB in writing and keep the reply. Second, the declaration: read it against the table above, and note the name of the person who is to move in. Third, the dates: run the notice through the notice checker for the period and the dispute window.
After you leave, the evidence that matters is whether the person moved in. A listing for the property on a letting site, a new registration on the RTB's public register, a new tenant at the door or a neighbour's account all count. Keep the notice, the declaration and anything you find in your tenancy file. The RTB can hear a dispute about a breach of the landlord's obligations for a period of years after it, so evidence found months later is still worth keeping.
The RTB compensates proven loss, not distress, and the cap on damages is €20,000. Published awards run far lower, with about €3,900 as an approximate average in one review.
What to do when the notice arrives
Do not move out and do not stop paying rent. A notice that fails section 62, or that uses a ground the landlord does not have, may be invalid on your answers, and arrears would give the landlord a ground they did not have.
Ring Threshold on 1800 454 454, Monday to Friday 9am to 9pm, with the notice and the declaration in front of you. The advisers are free and read these notices every day. If the ground is not open to the landlord, the person named is outside the list, or anything on the list is missing, refer the notice to the RTB within 90 days of service. Mediation is free and private. Adjudication costs €30 and, since 14 September 2026, the hearing is public. How to make an RTB dispute application covers the form.
Where this leaves you
A family-occupation notice needs a lawful ground, a sworn declaration naming the person, and the full notice period. For a 2026 tenancy the ground is open only to a smaller landlord, for close family during a cycle and wider family at a cycle end. For an older tenancy it is open to any landlord. If the person never moves in, the landlord must offer the home back to you, and the RTB can award damages. Check the notice, ask the RTB about the landlord's size, keep paying rent, ring Threshold, and refer the notice inside 90 days if anything is wrong. The notice journey takes those steps in order.
Questions people ask
Can my landlord end my tenancy to move back in?
For a tenancy that began before 1 March 2026, yes, any landlord, with a statutory declaration and the full notice period. For a tenancy that began on or after 1 March 2026, only a smaller landlord can, and a larger landlord or a company cannot. The landlord's own occupation counts in every regime where the ground is open.
Who counts as family for a landlord moving a relative in?
During a six-year cycle, for a 2026 tenancy, close family only. A spouse or civil partner, a child, step-child, foster child or adopted child, a parent, step-parent or parent-in-law. At the end of a cycle the list widens to a grandparent, a grandchild and a sibling. A cousin, a nephew, a niece or a friend does not count for a 2026 tenancy.
Does the landlord need a statutory declaration to move family in?
Yes. The notice must carry a statutory declaration, sworn before a solicitor or a commissioner for oaths, naming the person who will live there and their relationship to the landlord. Since 1 March 2026 a smaller landlord's declaration must also state that the landlord is not a company and has no more than three tenancies. A notice without one may be invalid.
What if the family member never moves in?
The declaration is a sworn statement, and the RTB can award damages where the ground was not genuine. If the home becomes available again within the period the Act sets, the landlord must offer it to you first, provided you gave contact details. Keep the notice and the declaration, and keep evidence of a re-letting.
How long do I have to dispute a family-occupation notice?
90 days from the date of service for a notice served since 1 March 2026. The notice must tell you this. Mediation at the RTB is free, and adjudication costs €30. Ring Threshold first; the advisers are free and read these notices every day.