Terminating a tenancy for Rent arrears

– Where a landlord seeks to terminate a Part 4 tenancy (a tenancy of duration longer than 6 months) because the tenant has failed to pay rent, the following two-step procedure must be followed:

1) Serve a minimum of 14 days Warning Notice for failure to pay rent;

2) Serve a 28 day Notice of Termination of the tenancy.

Step one:

A minimum of 14 days warning notice for failure to pay rent, where a tenant falls into rent arrears, the landlord must serve a written notice on the tenant informing him or her of the amount of rent that is due.

The landlord must then give the tenant a minimum of 14 days to pay those rent arrears.

Step two:

28 day Notice of Termination, if the tenant fails to pay the rent due within the time frame given in the warning notice at point 2, the landlord may proceed to terminate the tenancy by serving a 28 days notice of termination.

Please note a tenancy that has been in existence less than 6 months where no lease is in place, the landlord can serve a 28 day notice of termination without having to give a reason.


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