January 2022

What Happens If Your Tenant Does Not Pay Rent?

A tenant is required to pay their rent in full and on time until the tenancy ends even where a dispute has arisen with the landlord.

If rent is not paid it is a breach of the Tenancy Agreement.

If there is rent arrears in the first 6 months of a periodic tenancy or a fixed term tenancy with a break clause,  a landlord can serve a 28 day Notice of Termination without giving any reason. If there is a fixed-term tenancy in place (with no break clause) the below two step procedure must be followed.

If a landlord wants to end a tenancy because of rent arrears after the tenant has acquired rights of tenure (i.e the tenant has been in the property over 6 months)  then a six step procedure must be followed:

Step 1: A landlord must issue a warning notice to the tenant to pay back the rent arrears

Step 2: Landlords must serve a copy of the written rent arrears warning notice to the RTB at the same time as on the tenant

Step 3: RTB will write to the landlord and tenant upon receipt of the warning notice

Step 4: Service of Notice of Termination

Step 5: Landlords must serve a copy of the Notice of Termination to the RTB

Step 6: RTB will contact the tenant informing them of their resolution options

Forms & further information is provided on the RTB Website

* take note of the date of publication of this piece. Information on this website may change with the passing of time and the law is constantly changing. Whilst we take steps to ensure the accuracy of the information, we cannot guarantee this. Clarification should always be sought.

Contact Us for Further Information