Tenant in Situ 2026 — Council purchases your home to keep you in it

Tenant in Situ Scheme in Ireland 2026

If you are on HAP or RAS and your landlord is selling, the Tenant in Situ scheme allows the local authority or an Approved Housing Body to purchase the property so you can stay. You become a social housing tenant paying differential rent. The landlord must agree to sell — it is voluntary. This guide covers who qualifies, how the purchase process works, your protections as a tenant, and what to do right now if you have received a notice of termination.

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If you have received a notice of termination — act immediately

Contact your local authority housing department as soon as you receive the notice. The earlier you contact them, the more time they have to approach your landlord about a Tenant in Situ purchase. Do not wait until your notice period is nearly over.

Tenant in Situ 2026 — Quick facts

Who can buy
Local authority or AHB
Trigger
Landlord notice to sell
Who qualifies
HAP or RAS tenants
Landlord participation
Voluntary — cannot be compelled
Outcome for tenant
Social housing tenant, differential rent
Purchase price
Market value (independent valuation)

How the Tenant in Situ process works — timeline

  1. Landlord issues valid notice of termination

    Your landlord must follow the Residential Tenancies Acts. The notice must be in writing, state the reason (sale of property), give the correct notice period (at least 180 days for most tenancies), and be served correctly. An invalid notice can be challenged at the RTB — always check the notice with the RTB or Threshold before panicking.

  2. Contact your local authority immediately

    Go to your local authority housing department and explain the situation. Bring the notice of termination, your HAP/RAS documentation, and proof of housing list status. The local authority assesses your eligibility for Tenant in Situ.

  3. Local authority/AHB approaches the landlord

    If you are eligible, a housing officer contacts your landlord to discuss a voluntary sale. They explain the Tenant in Situ process and the market valuation process. The landlord is under no obligation to agree.

  4. Independent property valuation

    If the landlord is interested, the local authority/AHB commissions an independent market valuation of the property. The offer to the landlord is based on this valuation.

  5. Purchase completes

    If the landlord accepts the offer, the purchase proceeds through normal conveyancing. Typically takes 6–12 weeks to close.

  6. You sign a social housing tenancy

    Once the purchase completes, you become a social housing tenant. You sign a new tenancy agreement with your local authority or AHB. Your rent changes to the differential rent assessment rate.

Notice period protections

Length of tenancyMinimum notice period (landlord selling)
Less than 6 months90 days
6 months to 1 year180 days
1 year or more180 days

These are statutory minimums. Your lease may specify longer notice periods. An invalid notice can be challenged at the RTB — always check before vacating.

What to do if the landlord refuses to sell

If your landlord declines to participate in Tenant in Situ, your local authority should:

  • Assess you for priority housing allocation on the social housing list
  • Explore whether any other AHBs are interested in purchasing the property
  • Explore emergency accommodation options if you face immediate homelessness
  • Refer you to HAP at a new property address if you can find alternative accommodation

Also contact:

  • Threshold (threshold.ie) — free housing advocacy and tenancy rights advice
  • MABS (mabs.ie) — if financial pressure is a factor
  • RTB (rtb.ie) — if you believe the notice is invalid or your rights are not being respected

Frequently asked questions

Common misunderstandings about Tenant in Situ
  • The landlord cannot be forced to sell under Tenant in Situ — the scheme is voluntary for landlords.
  • Tenant in Situ only applies to HAP and RAS tenants — not all tenants facing eviction qualify.
  • The scheme applies when the landlord is selling — not for other eviction grounds (arrears, family member occupation, etc.).
  • Act immediately when you receive a notice — waiting reduces the local authority’s ability to negotiate with the landlord.
  • An invalid notice of termination can be challenged at the RTB — always check the notice before accepting it as valid.

This page was reviewed against official Gov.ie, Housing Agency and Citizens Information guidance. Tenant in Situ 2026: local authority or AHB voluntarily purchases home from landlord selling, HAP/RAS tenants qualify, tenant becomes social housing tenant at differential rent.

Information Accuracy — This guide has been independently researched and reviewed using official Irish government sources available on the publication date. Government schemes, payment rates, eligibility rules and legislation may change over time. Before making financial, legal or welfare decisions, always confirm the latest information directly with the relevant Irish authority.

Reviewed by

Vitor Alves

Founder of D’Emilia Accounting

Founder of D’Emilia Accounting, helping immigrants navigate Irish tax and benefits.

Last reviewed: July 26, 2026 · About this site