Unforeseen circumstances or financial difficulties can sometimes lead to rent arrears. If you find yourself in this situation, it’s crucial to understand the steps involved in addressing it. Your landlord cannot immediately issue a notice of termination due to unpaid rent; there is a specific process that must be followed.
If you find yourself in this position, check to see of you can get support from social welfare or SVP and maybe have a meeting with MABS who can advise you managing your household budget. Never let things spiral, please reach out for assistance.
Firstly, your landlord is required to send you a written rent arrears warning notice. This notice should clearly state the amount of rent you owe and grant you a reasonable 28 days to settle the arrears. Importantly, your landlord must also send a copy of this notice to the Residential Tenancies Board (RTB). The 28-day countdown for paying the rent arrears begins from the date both you and the RTB receive the warning notice. If your landlord fails to send the warning notice to both parties, any subsequent notice of termination will not be considered valid.
Should the 28-day grace period pass without you resolving the rent arrears, your landlord can then issue a 28-day notice of termination. It’s important to note that the notice of termination sent to you must also be promptly submitted to the RTB on the same day. Failure to do so would render the notice of termination invalid.
This well-defined process for addressing rent arrears and potentially ending a tenancy is outlined in Section 12 of the Residential Tenancies and Valuation Act 2020. For a comprehensive understanding of the rent arrears process and access to sample rent arrears warning notices, you can refer to the resources provided by the RTB.
Navigating Rent Arrears: What You Need to Know