If a Notice of Termination is not complied with and the tenant does not leave, the only recourse is to refer a dispute to the PRTB about the tenant’s failure to comply with a valid Notice of Termination.
The landlord may not take the law into his own hands. A dispute case referred to the PRTB about an illegal eviction will be given priority and there are procedures in the Residential Tenancies Act 2004 under which the PRTB may apply to the Circuit Court for an interim or interlocutory injunction to restrain the landlord and re-instate the tenant pending the PRTB’s determination of the dispute.
If a tenant has vacated a dwelling and the rent is at least 28 days in arrears, the tenant’s tenancy is deemed terminated under the Residential Tenancies Act 2004 and the landlord is free to recover possession of the property.