A Galway tenant’s bid to block an eviction notice has failed after the Residential Tenancies Board (RTB) upheld the landlord’s claim of intending to sell the property.
Emer Collins, who rented a three-bedroom apartment in Gort An Tsamhraidh, Claregalway Shopping Centre, Co Galway, for €850 per month since April 2019, accused landlord Jennifer Mulryan of using the sale as a pretext to “get rid of her” and re-let at a higher rent. However, the RTB found the landlord’s evidence credible, deeming the notice valid and ordering Collins to vacate within 28 days.
With small landlords increasingly exiting due to regulatory pressures, stories like this are becoming more common. Let’s break down the details, RTB requirements, and what tenants and landlords need to know in 2026.
The Dispute: Previous Complaints, Damages Award, and Challenged Eviction Notices
Emer Collins had a history of issues with the apartment, including a significant ceiling leak that caused water damage. She previously succeeded in an RTB case, securing €4,500 in damages after reporting the problem. A cafe owner below the property even alerted her to water pouring in like “rainwater.”
Following these complaints, Collins received a first notice of termination in November 2023, claiming Mulryan intended to sell. Collins disputed it, alleging retaliation. At the tribunal—where Mulryan did not attend—the RTB ruled on the balance of probabilities that the landlord hadn’t proven genuine intent to sell, invalidating that notice.
A second notice followed in June 2024. Collins again challenged it, arguing that if Mulryan truly planned to sell within nine months, she would have addressed major repairs for habitability. She claimed the real motive was to evict her and re-rent at a premium in a tight market.
Landlord’s Evidence: ‘Bad Investment’ and Desire for Vacant Possession
Jennifer Mulryan testified that she was unaware of the full roof damage when purchasing the property. Coordinating repairs with commercial tenants below proved “stressful” without a management company. She described the apartment as a “bad investment” and expressed eagerness to sell quickly.
Mulryan explained being advised against marketing with a tenant in situ, as it reduces value. The RTB found her evidence credible, noting it’s reasonable for landlords to seek vacant possession before selling. Collins failed to prove lack of bona fide intent.
RTB Rules on Landlord Intention to Sell: What Makes a Notice Valid?
Under current RTB guidelines, landlords can issue a Notice of Termination if they intend to sell within 9 months, accompanied by a statutory declaration. The notice must be served correctly, and a copy sent to the RTB. If no sale occurs within 9 months, the landlord may face penalties or must offer the property back to the tenant.
Tenants can dispute notices if they believe the intention isn’t genuine. The RTB assesses on the “balance of probabilities,” considering evidence like marketing plans or repair neglect. Restrictions apply for large-scale sales (10+ units) or large landlords post-March 2026 reforms.
With upcoming changes from March 1, 2026, small landlords (3 or fewer tenancies) retain more flexibility to terminate for sale in limited cases, like financial hardship, while larger landlords face stricter limits. This case predates those changes but reflects growing pressures on small landlords.
Broader Context: Small Landlords Exiting, Rental Reforms, and Market Challenges
Ireland’s rental sector faces upheaval. Small landlords are selling en masse ahead of March 2026 reforms, citing high taxes, regulations, and low yields. Data shows increased termination notices for sales, reducing supply and pushing rents higher.
The government’s reforms aim to protect tenants with longer security of tenure but risk further landlord exits. Experts note this could worsen the housing crisis, with fewer rentals available.
Tips for Tenants and Landlords: Navigating RTB Disputes in 2026
- For Tenants: Always challenge suspicious notices via RTB. Gather evidence of maintenance issues or lack of sale intent. Use RTB resources for free advice.
- For Landlords: Provide strong proof of intent (e.g., valuations, agent instructions). Use RTB sample forms and statutory declarations.
- General Advice: Check RTB.ie for updates. Small landlords should consider professional advice amid reforms.
This RTB ruling underscores the importance of credible evidence in tenancy disputes. Have you faced a similar landlord-tenant issue? Share in the comments!
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