Small vs Large Landlord: How TMD Rules Affect Your Termination Rights

The March 2026 amendments to the Residential Tenancies Act introduced a concept that had never previously existed in Irish tenancy law: formal landlord size classifications. For the first time, the rights available to a landlord when terminating a tenancy depend not only on the ground for termination and the tenant's duration of occupation, but also on how many tenancies the landlord holds. This article explains the classification system, the practical implications for termination, and the steps landlords need to take to comply.

How Landlord Size Is Determined

The classification is straightforward in principle. A small landlord is defined as a person or entity that is the registered owner of between 1 and 3 residential tenancies with the RTB. A large landlord is anyone with 4 or more registered tenancies.

The count is based on tenancies, not properties. A single apartment block with 10 units counts as 10 tenancies. A house with two separate lettings (for example, the main house and a converted garage) counts as 2 tenancies. Joint ownership is counted once per tenancy, not once per owner: if two people jointly own a single rental property, that is one tenancy for each of them.

The classification is dynamic. It changes whenever your portfolio changes. If you own 3 tenancies and acquire a fourth, you become a large landlord on the date of registration of the new tenancy. Conversely, if you sell properties and drop back to 3 or fewer, you revert to small landlord status. The RTB assesses your classification based on registrations at the time you serve a termination notice.

Termination Grounds Available to All Landlords

Certain termination grounds are available regardless of landlord size. These include:

• Tenant breach of obligations: If the tenant has failed to comply with their obligations under the Act or the lease (for example, not paying rent, causing damage, or engaging in antisocial behaviour), any landlord can terminate after following the appropriate warning procedure.
• Property no longer suitable:If the property is no longer suited to the tenant's needs due to changes in household size, and the landlord has an alternative property available, the tenancy may be terminated with the offer of the alternative accommodation.
• Substantial refurbishment or renovation: Both small and large landlords can terminate if the property requires works so substantial that the tenant cannot remain in occupation. Planning permission and a written scope of works are required as evidence.
• Intention to change the use of the property: If the landlord intends to change the property from residential to a non-residential use and has obtained the necessary planning permission, this ground is available to landlords of any size.

Grounds Restricted to Small Landlords

The following grounds are only available to landlords classified as small (1 to 3 tenancies):

• Personal or family occupation: A small landlord can terminate a TMD tenancy if they, or a member of their immediate family, require the property as their principal private residence. The person must move in within a reasonable period after the termination date and remain in occupation for at least 12 months. This ground is not available to large landlords or corporate entities.
• Sale of the property: While the sale ground has additional nuances, in the context of small landlords it includes the ability to terminate based on financial hardship necessitating the sale. A small landlord who can demonstrate genuine financial difficulty may rely on this ground, supported by a statutory declaration and financial evidence. Large landlords can still terminate for sale, but the financial hardship variant is not available to them.

The policy rationale is that small landlords are more likely to be individuals who depend on the property for personal or family use, or whose financial situation may require a sale. Large landlords, by contrast, are treated as commercial operators who should plan for tenancy continuity.

TMD and the First 6 Months

The distinction between small and large landlords becomes relevant only once the tenant has acquired TMD rights, which occurs after six months of continuous occupation. During the first six months of a tenancy, either party can terminate without stating a ground, subject only to the 28-day notice period.

This six-month window is the closest equivalent to the old concept of a probationary period. It allows both landlord and tenant to assess the suitability of the arrangement. However, once the six-month mark passes, the tenancy automatically becomes a TMD and the full range of protections kicks in. There is no action required by either party to trigger TMD status — it happens by operation of law.

If you are considering terminating a tenancy during the first six months, it is still good practice to serve a written notice with the correct 28-day period and to file with the RTB on the same day. While the grounds requirement does not apply, the procedural requirements of Section 62 still do.

The RTB Statutory Declaration for Small Landlords

A small landlord who wishes to rely on a restricted ground (personal or family use, or financial hardship sale) must file a statutory declaration with the RTB. This declaration must confirm:

• The landlord's name and contact details.
• The number of tenancies currently registered in the landlord's name with the RTB.
• That the landlord meets the definition of a small landlord (1 to 3 tenancies).
• The specific ground being relied upon, along with the supporting evidence required for that ground.

The statutory declaration must be sworn before a practising solicitor or commissioner for oaths. It is not sufficient to simply include a self-declaration in the termination notice itself. The RTB will check the declaration against its own records, and any discrepancy (for example, claiming small landlord status when the RTB shows 4 or more registered tenancies) will result in the notice being found invalid.

What Happens If Your Classification Changes

Your landlord size classification is assessed at the time you serve the termination notice. If you were a small landlord when you served a valid notice but subsequently acquire a fourth tenancy, the notice remains valid because it was correctly served at the time. However, if you serve a notice while classified as a large landlord and then sell properties to drop below 4 tenancies, the notice is not retrospectively validated.

This means timing matters. If you know your portfolio is about to change, you should serve any notices before the change takes effect (if you are moving from small to large) or wait until after (if you are moving from large to small). In practice, the RTB will assess your status based on the register as of the date the notice is served.

Consequences of Misclassification

Misrepresenting your landlord size classification is taken seriously. If the RTB determines that a landlord falsely claimed small landlord status in order to rely on a restricted ground, the consequences can include:

• The termination notice being declared invalid.
• An order requiring the tenant to be allowed to remain in the property or to be reinstated.
• Damages payable to the tenant for the inconvenience and distress caused.
• A sanction from the RTB, which can include a financial penalty.
• Potential criminal liability for making a false statutory declaration.

The message is clear: get your classification right. Check the RTB register before serving any notice, and if there is any ambiguity about whether a particular arrangement counts as a separate tenancy, seek professional advice before proceeding.

Practical Steps for Landlords

• Log in to the RTB's online system and confirm the number of tenancies registered in your name.
• If you are a small landlord, keep documentation ready in case you need to file a statutory declaration.
• Before serving a termination notice, confirm that the ground you intend to rely on is available to a landlord of your size.
• If your portfolio is changing, plan the timing of any notices carefully to ensure your classification is correct on the date of service.
• Use a compliance checker to verify that your notice meets all requirements, including the grounds and evidence rules specific to your landlord category.