Substantial refurbishment and change of use

A landlord may end a tenancy to carry out substantial refurbishment, or to change the use of the dwelling. Both grounds need a statutory declaration, the full notice period for the length of your tenancy, and a written statement of what is to be done. The refurbishment must be substantial: works that change the nature of the accommodation and that need the dwelling empty for at least three weeks. A repaint or a new kitchen does not reach it.

For a tenancy that began on or after 1 March 2026 the grounds are narrower again. Only a smaller landlord, an individual with three or fewer tenancies, may use them, and only at the end of a six-year cycle. A larger landlord, meaning four or more tenancies or any company, cannot end a 2026 tenancy to refurbish or to change its use. For a tenancy that began before 1 March 2026 the grounds are open to any landlord.

When the works are done, you have the right to be offered the dwelling back. The notice checker tests a refurbishment or change-of-use notice against each requirement, and this guide explains what it is looking for.

What counts as substantial

The Act sets a high bar. Substantial refurbishment means works that change the nature of the accommodation rather than restore it. The clearest examples are works that need planning permission and works that add a significant amount of floor area. Works that take the energy rating up several grades, or that adapt the dwelling for a person with a disability, are also examples. The second test is time: the works must require vacant possession for at least three weeks.

The following are not substantial on their own: painting and decorating, a new kitchen or bathroom, new windows or doors, or a new boiler. Nor are rewiring or replumbing that can be done around you, or repairs the landlord was already obliged to carry out. A landlord who needs a few days of access for work can ask for it under the ordinary rules on entry by arrangement.

A notice that describes works below the bar may be invalid on your answers. The RTB decides whether the works described meet the test, and it looks at what the declaration and the certificate say rather than at the landlord's label for them.

Change of use

Change of use means the landlord intends to stop using the dwelling as a rented home and use it for something else. That might be a shop or an office, a different kind of accommodation, or another use that takes it out of the private rented sector. In most cases a change of use needs planning permission, and the notice should say what the intended use is.

A change of use is not a change of tenant. A landlord who wants a different kind of tenant, a shorter let or a higher rent is not changing the use of the dwelling. If the dwelling is let again as a home after you leave, the ground was not genuine.

The certificate and the declaration

A refurbishment or change-of-use 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 intention and the facts behind it. The notice must also carry a written statement of the nature of the works or the intended use.

For refurbishment the declaration is supported by a certificate from a qualified person, such as an engineer, an architect or a surveyor. The certificate sets out the works and states that they require the dwelling to be vacant for at least three weeks. 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 the declaration, the statement or the certificate may be invalid on your answers, and an invalid notice does not end the tenancy. The rest of section 62 applies as well: 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. What a valid notice must contain has the full list.

The three-week vacant test

The three weeks is a minimum, and it is a test of the works rather than of the landlord's convenience. Ask yourself whether the works described could be done with you living there, or with you away for a weekend. If they could, the ground may not be made out.

Read the certificate for the period it gives. A certificate that says the works take two days, or that gives no period at all, does not support a declaration that the dwelling must be vacant for three weeks. Keep the notice, the declaration, the statement and the certificate together in your tenancy file, because the RTB will want all four.

Who can use the grounds

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 the tenancy timeline shows when your cycle ends.

The notice period is the ordinary one for the length of your tenancy on the date of service, from 90 days to 224 days. Notice periods for tenants in 2026 has the table.

The offer back and the rent

When the works are finished, or the change of use does not go ahead, the dwelling may be let as a home again. If that happens within the period the Act sets, the landlord must offer a tenancy to you first. The 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.

For a tenancy that began on or after 1 March 2026 a refurbishment or change-of-use notice is a no-fault termination. The rent of the next tenancy, whether to you or to anyone else, cannot be reset to market for two years after it. A rise is limited to 2% or the change in the CPI, whichever is lower. If the home appears to let at a higher rent, keep the listing. When rent can be reset to market has the rule.

A landlord who re-lets without the works, or without making the offer, has breached the obligation. The RTB can award damages for proven loss, up to a cap of €20,000.

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 describes works below the bar, may be invalid on your answers.

Run the notice through the notice checker. It asks when the tenancy began, the landlord's size, whether a declaration, a statement and a certificate are attached, and whether the RTB got a copy, and it works out the dates.

Ring Threshold on 1800 454 454, Monday to Friday 9am to 9pm, with the notice and the certificate in front of you. The advisers are free and see these notices every week. If anything is missing, or the works do not look substantial, 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.

Where this leaves you

A refurbishment notice needs substantial works, a certificate that they need the dwelling empty for at least three weeks, a declaration, a statement and the full notice period. A change-of-use notice needs a genuine new use, a declaration and a statement. For a 2026 tenancy both grounds are open only to a smaller landlord at the end of a cycle. When the works are done you must be offered the home back, and the rent cannot be reset to market for two years. Check the notice, keep paying rent, ring Threshold, and refer the notice inside 90 days if anything is wrong. The notice journey takes those steps in order.