Terminating For A Breach – What Notice Period Has To Be Given?

Question:

Tenants have been in my property 6 years, there has been a build up of rent arrears in recent months. I have issued several warning letters and allowed for reasonable time in order for the rent to be paid in full.  The Tenants have not engaged with me at all on the matter. I am now serving a notice of termination for breach to the agreement. Do I have to give 180 days notice as they are there 6 years? 

 

Response:

Based on the information given you do not need to provide 180 days notice to your tenants. If a tenant breaches his or her obligations under the Residential Tenancies Act, then 28 days’ notice need only be given, regardless of the duration of the tenancy. This should be preceded by a warning notice, allowing a reasonable opportunity to remedy the breach if the duration of the tenancy is 6 months or more.

 

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Categories: Landlord Query of the Week.