Ask a solicitor: Selling investment property — what owners need to know

The mechanics of ending a residential tenancy in Ireland are governed by the Residential Tenancies Act (2004), and are closely monitored by the Residential Tenancies Board (RTB), writes rural solicitor Karen Walsh

Before placing a For Sale sign at the gate, landlords must understand that ending a residential tenancy in Ireland is not as simple as deciding to sell, writes rural solicitor Karen Walsh. File picture

Dear Karen,

I own a small investment property, which I have rented out for a number of years. I am now considering selling it so that I can buy additional farmland to expand my agricultural business.

I know that to end a tenancy, I must serve a Notice of Termination, but I am unsure what the legal requirements are and what impact this might have on my tenant. I have also seen recent data suggesting an increase in termination notices for sale purposes. 

Could you explain the process, the grounds for termination, and any associated obligations I need to be aware of?

Dear Reader,

Your question is both timely and important. The mechanics of ending a residential tenancy in Ireland are governed by the Residential Tenancies Act (2004), and are closely monitored by the Residential Tenancies Board (RTB). 

Before placing a “For Sale” sign at the gate, landlords must understand that ending a residential tenancy in Ireland is not as simple as deciding to sell. Once a tenancy has lasted more than six months, it is protected under the 2004 Act, and strict procedures apply.

In the third quarter of 2025, a total of 5,405 Notices of Termination were served by landlords, which represents a 35% increase compared with the same period in 2024. A significant majority — 61% of those notices — were issued on the basis that the landlord intended to sell the property.

When a landlord wishes to sell an investment property with sitting tenants, they may serve a Notice of Termination on the tenant on the statutory ground that the landlord “intends to sell the property”. This is one of the recognised legal grounds under the Residential Tenancies Act, and it must be supported by specific notice requirements and timeframes.

Notice requirements and grounds

• A copy of the notice must be sent to the Residential Tenancies Board (RTB) on the same day it is served on the tenant. If this step is missed, the notice is invalid.
• The notice must be in the correct form and include a valid reason for termination (e.g., sale). Where the reason for termination is sale, the landlord must also provide a statutory declaration confirming that the property will be placed on the market for sale within nine months of the termination date.
• It must be given with sufficient notice in accordance with the tenant’s period of continuous residence and the date of tenancy commencement.

If these formalities are not complied with, the notice may be open to challenge by the tenant.

Obligations on the landlord

Serving a Notice of Termination for sale is not simply a matter of informing the tenant — the landlord must ensure the notice is given in accordance with statutory deadlines and that it is both valid and timely. Once a valid Notice of Termination has been issued, the tenant’s statutory protections, including security of tenure, are affected and the tenancy will terminate on the effective date specified in the notice, provided that date is beyond the minimum notice period required by law.

One practical issue for selling landlords is the notice timeframe. If a tenant has security of tenure, the notice period before the tenancy actually ends, and the landlord can recover vacant possession, can be extended significantly. It is important to calculate this carefully based on when the tenancy began and whether a valid termination notice has previously been served.

What this means for selling your property

Serving a Notice of Termination should never be treated as a box-ticking exercise. 

It is a legal step that, if done incorrectly, can set back a sales transaction.

For landlords planning to sell, factoring statutory notice periods into sale timelines is essential. 

In some cases, especially for tenants with long-standing tenancies, the notice period before vacant possession can be recovered may extend well beyond what is initially anticipated.

Practical considerations before selling

Before serving a Notice of Termination, it is prudent for a landlord to:

• Confirm the tenancy history and dates to ensure correct notice periods.
• Ensure all notices are lodged with the RTB as required.

The law does not prevent landlords from selling — but it does require that tenants’ rights be respected throughout the process.

For any farmer considering putting a rental property on the market, the message is clear: plan early, follow the rules precisely, and ensure the paperwork is in order before taking the next step.

Karen Walsh, from a farming background, is a solicitor practising at Walsh & Partners Solicitors, 17 South Mall, Cork, and 88 Main Street, Midleton, Co Cork, and also the author of 'Farming and the Law'. Walsh & Partners also specialises in personal injury claims, conveyancing, probate, and family law.

Email: [e-mail] 

Web: www.walshandpartners.ie

• While every effort is taken to ensure the accuracy of the information contained in this article, Karen Walsh does not accept responsibility for errors or omissions howsoever arising. Readers should seek legal advice in relation to their particular circumstances at the earliest opportunity.