Notice Period – Termination Notice ?

Question:

My tenant is not paying any rent and is uncontactable.  I have followed the Covid-19 rent arrears procedure serving the warning letter to both tenant and RTB and  the notice of termination giving 28 days again to the tenant and copied the RTB.  If the tenant serves a Self-Declaration Form on me now, is there a requirement for me to re-issue the notice of termination giving 90 days?

 

Response:

We are sorry to hear your difficulty.  You will not have  to reissue the notice of termination.  The termination period must be extended pursuant to the protections obtained by a tenant upon service of the Self-Declaration Form. The tenant cannot be required to vacate the dwelling before 11 January 2021 and is afforded 90 days’ notice (instead of the usual 28 days). This means that the revised termination date kicks in – so the termination date would either be the 90 days from date of service or 11 January 2021, whichever is later.

 

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Categories: Landlord Query of the Week and Uncategorized.