Rent Arrears Procedure and Notices

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 part 4 rights (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

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January 2022  (Please be aware that the legislation is constantly changing)

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Categories: Property Management, Supporting Documents For Landlords, and Uncategorized.