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Terminating a tenancy for non payment of rent.

  • 17-11-2014 2:48pm
    #1
    kerryman10
    Registered Users Posts: 87 ✭✭


    Hi all.

    I am a landlord and my tenant is not paying the rent. She is in the property less than 6 months but signed a 12 monthe lease.

    My question is can I serve her with 28 days notice without giving a reason or do I first have to serve a 14 day rent notice?

    Thanks


Comments

  • #2
    Gasherbraun
    Registered Users, Registered Users 2 Posts: 312 ✭✭Gasherbraun


    You need to give the tenant an informal warning - can be verbal but text, email or note through door is better. This is intended to avoid the more formal process but can be quickly followed with the formal process if rent is not forthcoming.

    You have to issue the 14 days late rent notice followed by the 28 days notice of termination. Both have to be correct in the detail re wording and dates or they will be deemed invalid.

    Terminating without reason in the first six months and only providing 28 days notice does not apply if there is a fixed term in place.

    I have always been a bit dubious about the informal warning prior to formal notice - some people do it and some dont - but I was in a PRTB hearing recently and the solicitor adjudicating the case said it was necessary to follow this part of the process to be safe.


  • #3
    kerryman10
    Registered Users Posts: 87 ✭✭kerryman10


    Gasherbraun wrote: »
    You need to give the tenant an informal warning - can be verbal but text, email or note through door is better. This is intended to avoid the more formal process but can be quickly followed with the formal process if rent is not forthcoming.

    You have to issue the 14 days late rent notice followed by the 28 days notice of termination. Both have to be correct in the detail re wording and dates or they will be deemed invalid.

    Terminating without reason in the first six months and only providing 28 days notice does not apply if there is a fixed term in place.

    I have always been a bit dubious about the informal warning prior to formal notice - some people do it and some dont - but I was in a PRTB hearing recently and the solicitor adjudicating the case said it was necessary to follow this part of the process to be safe.

    Thanks for your help. Will follow correct procedure.


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