How far in advance must a seller serve an N12 notice before a tenanted property can close vacant?
A purchaser's or landlord's own-use notice under the Residential Tenancies Act, 2006 carries a mandatory minimum notice period before the stated termination date, and that termination date generally has to align with the end of a rental period or the tenant's term, rather than being whatever date happens to suit the closing. Because the current notice period can change, check the current requirement directly with your lawyer or the Landlord and Tenant Board rather than relying on a number you may have seen elsewhere.
What matters most for planning a sale is that this minimum period is the earliest the tenancy could end, not a guarantee that it will end that quickly. If the tenant disputes the notice, the matter can go to the Landlord and Tenant Board, and that process takes its own time separate from the statutory minimum notice period itself. A seller hoping to deliver vacant possession by a specific closing date needs to serve notice well ahead of that minimum period, and build in real cushion for the possibility of a dispute, rather than assuming the notice period alone determines the timeline.
Key takeaways
- A purchaser's or landlord's own-use notice carries a mandatory minimum notice period; verify the current figure.
- The termination date generally must align with the end of a rental period or the tenant's term.
- A dispute at the Landlord and Tenant Board adds time beyond the statutory minimum notice period.
- Build real cushion into your sale timeline rather than relying on the minimum notice period alone.