Question: 

My property has been let to an individual for 2 years, I have not received any rent for the past 2 months. I have issued warning letters and have had no response. The tenant is not contactable by phone, has not responded to email and has not been seen in person. A neighbour contacted me to advise the front door of my rental was left open and the property appears to be empty and abandoned – what do I do?

 

Response:

If your tenant is in rent arrears of 28 days or more and has abandoned the property, the tenancy may be considered terminated and you can take your property back.

According to section 37. of the Residential Tenancies Act :

A Part 4 tenancy shall be deemed to have been terminated by the tenant on his or her vacating the dwelling if

(a) before or on or about that vacating, he or she serves a notice of termination in respect of the tenancy that does not give the required period of notice, and

(b) before or on that vacating the rent has fallen into arrears.

A Part 4 tenancy shall also be deemed to have been terminated by the tenant upon any rent owed by him or her being in arrears for a period of 28 days or more if

(a) whether before or after the end of that period, the tenant has vacated the dwelling, and

(b) no notice of termination has been served by the tenant in respect of the tenancy.

 

Need Further Information – Contact IPOA 01-8276000