Breach of Lease Obligations Notice (Section 67) — RTB-Compliant Guide for Irish Landlords.
A Breach of Lease Obligations Notice (Section 67) is used when a tenant is breaking the tenancy agreement or breaching their legal obligations. This notice is different from rent arrears, different from moving‑in notices, and different from sale notices. It has its own rules, timelines, evidence requirements, and legal wording.
This page explains exactly how to issue a valid Breach Notice under Section 67 of the Residential Tenancies Act.
What Is a Breach of Lease Obligations Notice?
A Breach Notice is used when a tenant:
The notice gives the tenant a chance to fix the breach before termination.
The Section 67 Process (Two Stages)
Stage 1 — Warning Notice (Minimum 28 Days):
You must first issue a written warning giving the tenant:
If the tenant fixes the breach → the process stops.
If they do not → you may proceed to Stage 2.
Stage 2 — Notice of Termination (Minimum 28 Days):
If the breach is not remedied after the warning period, you may issue a 28‑day Notice of Termination.
This notice must:
Incorrect wording or missing evidence = invalid notice.
Common Breaches Covered by Section 67:
1. Anti‑Social Behaviour:
3. Refusal of Access:
Tenants must allow access for:
2. Damage to the Property:
4. Unauthorized Occupants or Subletting:
Any person living in the property without permission.
5. Pets Without Permission
If the tenancy agreement prohibits pets.
6. Breach of House Rules:
Noise, parking, waste, shared areas, etc.
Evidence Required for a Valid Breach Notice:
You must have:
photos
videos
written complaints
neighbour statements
contactor reports
inspection notes
emails/texts requesting access
tenancy agreement clauses
proof of service
The RTB will request this evidence if the tenant disputes the notice.
Stage:
Timeline:
Notes:
Warning Notice
Minimum 28 days
Tenant must be given time to fix the breach
Notice of Termination
Minimum 28 days
Only issued if breach remains
These timelines never change, regardless of tenancy length.
Common Mistakes Landlords Make:
1. Skipping the Warning Notice
You cannot go straight to termination.
2. Not Providing Evidence
You must prove the breach exists.
3. Incorrect Wording
Missing RTB wording = invalid notice.
4. Wrong Termination Date
Must be calculated from the date the tenant receives the notice.
5. Serving by Email Without Consent
Email service is invalid unless the tenant agreed in writing.
6. Using Outdated Templates
Many online breach templates are pre‑2022 and invalid.
What Happens if the Tenant Fixes the Breach?
If the tenant remedies the breach within the warning period:
What Happens if the Tenant Does Not Fix the Breach?
If the breach remains after the warning period: