Tenant Refuses to Leave — RTB Enforcement Guide for Irish Landlords.

When a tenant refuses to leave after a valid Notice of Termination, the situation becomes stressful fast.
Irish law is very clear: landlords cannot remove a tenant themselves — even if the notice is valid, even if the termination date has passed. This page explains exactly what landlords must do when a tenant overstays, how the RTB handles these cases, and how enforcement works.

  What Does “Refuses to Leave” Mean?

   

   A tenant is considered to be refusing to leave when:

the termination date has passed
the notice was valid
the tenant has not vacated
no agreement for extension exists

   At this point, the tenancy is legally terminated, but the tenant             remains in occupation.

   This triggers the RTB dispute resolution process.

67 questions Every Landlord Should Ask.

  Step 2 — Apply to the RTB for Dispute                          Resolution:


   If the tenant still refuses to leave, you must apply to the RTB.

   The RTB will:

review your notice
review your evidence
review your service method
confirm the notice is valid
confirm the termination date has passed
schedule a hearing or mediation
This is the only legal route to remove a tenant.

The Landlord's Bible 2026 Edition.

  Step 4 — Determination Order (Legally Binding):


A Determination Order will:

confirm the tenancy has ended
order the tenant to vacate
set a final date for leaving
outline any arrears owed
outline any damages owed
If the tenant still refuses to leave, you move to enforcement.

67 questions Every Landlord Should Ask.

  Common Reasons Tenants Refuse to Leave:

misunderstanding the notice
believing the notice is invalid
waiting for social housing support
arrears and fear of homelessness
disputes about evidence
disputes about timelines
disputes about landlord obligations

   This is why the RTB process exists.

Step 1 — Confirm Your Notice Was Valid:

   

Before the RTB will act, your Notice of Termination must be:

correctly served
using the correct notice period
using the correct termination date
containing the correct RTB wording
signed correctly
compliant with all RTB rules

If any part is wrong, the RTB will declare the notice invalid, and you must start again.

Use your cluster pages to double‑check:

Notice of Termination
Invalid Notices
RTB Notice Periods

The Landlord's Bible 2026 Edition.

Step 3 — RTB Hearing or Mediation:


Mediation:

Often faster.
Both parties agree to a solution.
If the tenant agrees to leave, a legally binding agreement is issued.

Adjudication (Hearing):

A formal RTB process.

The adjudicator reviews:

your notice
your evidence
your service
your tenancy history
the tenant’s defence

If your notice is valid, the adjudicator will issue a Determination Order requiring the tenant to leave.

67 questions Every Landlord Should Ask.

Step 5 — RTB Enforcement (Sheriff / County Registrar)


If the tenant ignores the Determination Order:

the RTB escalates the case
the Sheriff or County Registrar may be instructed
enforcement officers can remove the tenant
costs may be charged to the tenant

This is the final legal step.

Landlords must never attempt self‑help eviction.

The Landlord's Bible 2026 Edition.

How Long Does RTB Enforcement Take?

Typical timelines:

RTB application: 1–2 weeks
Mediation/hearing scheduling: 4–10 weeks
Determination Order: 2–4 weeks
Enforcement: varies by county


The fastest cases involve:

clean evidence
valid notices
correct service
no arrears disputes
no breach disputes

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.

Protect My Position. Click Here.
WEB Lettings supports Dublin landlords through the full RTB dispute process — preparing evidence, reviewing notices, organising documentation, and helping you present a strong, compliant case. Don’t go into an RTB dispute unprepared.