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:

damages the property
engages in anti‑social behaviour
refuses access for inspections or repairs
sublets without permission
keeps pets without permission
breaches noise rules
breaches occupancy limits
breaches any clause of the tenancy agreement

   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:

details of the breach
evidence of the breach
instructions on how to fix it
a minimum of 28 days to remedy the breach
the RTB wording
proof of service

   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:

reference the original warning
state that the breach was not remedied
include the RTB wording
include the correct termination date
include evidence
be served correctly - retain proof of service

   Incorrect wording or missing evidence = invalid notice.


Common Breaches Covered by Section 67:

1. Anti‑Social Behaviour:

harassment
intimidation
threats
violence
persistent nuisance
drug activity

3. Refusal of Access:


   Tenants must allow access for:

repairs
inspections
safety checks
viewings (in certain cases)

2. Damage to the Property:

structural damage
intentional damage
repeated negligence

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:

the process stops
you cannot issue a termination notice
the tenancy continues

What Happens if the Tenant Does Not Fix the Breach?


If the breach remains after the warning period:

you may issue a 28‑day termination notice
the tenant must vacate
if they refuse, you may apply to the RTB
the RTB may issue a determination order
enforcement can follow if needed

Managing Disputes & The RTB Process - The Correct Way:

WEB Lettings prepares fully compliant notices for Dublin landlords — including correct forms, timelines, statutory declarations, and proof‑of‑service procedures. Avoid invalid notices and protect your legal position. See also Serving Notices: Validity, Timelines & Common Errors, Rent Reviews, National Rent Control & Legal Notice Periods,  and Annual Registration, Late Fees & Penalties. The RTB will seek to determine if a tenant's case has any validity. Prepare accordingly - with WEB Lettings expertise and insights on how to protect your financial well-being.