The document provides legal advice for landlords regarding tenants who fail to pay rent. It outlines the three-step procedure a landlord must follow to terminate a tenancy due to non-payment of rent, including: 1) giving written notice of the rent breach, 2) serving a 14-day warning notice, and 3) serving a 28-day termination notice. It stresses the importance of following the proper legal procedures and formats for notices, as well as maintaining detailed records, in order to have a strong case if the tenant disputes the termination.

1. Farming LEGALADVICE THURSDAY, JANUARY 8. 2015
• First inournew weekly legal advice articles bysolicitor Karen Walsh
Step carefully
and get advice if
a tenant has
failed topay rent
• I am renting asmallcottageon
myfarm to atenantfor over a
year,and in the pastfew months,
the tenanthas not paid m*any
rent What are my regal options?
» Under the Residential
Tenancies Act, 2004, tenants
are required to pay tlvair rent
when it falls due: and their
tenancy may be terminated
for non-payment of rent.
Where a landlord seeks to
terminate a tenancy of
duration longer t h a n six
months (known as a Part IV
tenancy), because the tenant
has failed to pay rent, the
following three-step
procedure must be followed:
(1) Give the tenant notice
that they have breached their
obligation to pay rent.
This should be done in
writing.
(2) Serve a 14-day warning
notice for failure to pay rent.
(3) Serve a 28-day notice of
termination of the tenancy.
Step 1: Notice of Breach of
Obligation
The landlord must notify
that:
(i) the tenant is in arrears of
rent,
(ii) the tenant is allowed a
reasonable time to remedy
that breach of obligation,
(iii) the landlord is entitled
to terminatethe tenancy if the
tenant fails to remedy that
breach of obligationwithin
the periodspecified.
The first notification does
not need to be in writing,and a
landlord can give a tenant ver-
bal notice of the rent arrears,
but must ensure that the ten-
ant is awarethat failure to pay
the rent arrears within a rea-
sonable time will result in the
landlord terminating th<;
tenancy. As a landlord may-
need to give evidencethat this
has been communicatedto the
tenant, it may be prudent to
,"••> fhis notice in writing.
Step 2:14-day Warning
Notice for Failure to Pay Rent
Where a tenant falls into
- ir.< landlord must
serve a written notice on the
tenant informing him 01'].= rut
thenmnunt >if rent that is due.
The landlord v.-;li then give the
; ay thusy
n :"it -ij'ie;ir-
Step 3:28 day Notice of
Termination of the Tenancy
If the tenant fails to pay the
rent d'vic w i t h i n 14 d
receipt • I •;.';;(>• ai
Step2afrjve, the landlord may
• • • M '•• e *he ttm-
Karen Walsh comes from a fanning
background at Grenagh,Co Coit, and
is a solicitor practicing in CW Ashe&
Co Soiidtofs in Macroom,Co Celt.
V
While every careistaken to ensure accuracyof
information in this article, solicitor Karen Walsh does not accept
responsibility for errorsor omissions, howsoeverarising, and
you should seek legal advicein relation to your particular
circumstances at the earliest possible time.
ancy by serving a 28-day
notice of termination.
Registered landlords should
apply to the Private Residen-
tial Tenancies Board (PRTB)
for dispute resolution, in cases
where the tenant fails to
vacate the rental dwelling
after the expiry of valid
notices of rent arrears and
termination.
The PRTB will prioritise
such cases for an adjudication
hearing, and will make an
enforceable determination
order requiring the tenant to
vacate the property, ifvalidly
served notices have expired.
The landlord or other
agents must never remove a
tenant or their property from
a rental dwelling themselves
or interfere with their util-
ities, such as electricity or
water supply, as this will be
treated as an unlawful termi-
nation of tenancy,with poten-
tial awards of damages in
favour of the tenant.
Tht- Act specifies the pre-
cise format for such notices,
and PRTB adjudicators will
only uphold the validity of
notices that are in the correct
• Registered
landlords should
apply to the
Private
Residential
Tenancies Board
(PRTB) for
dispute
resolution^*)
format. It is essential that all
notices are valid. It is essential
that you give adequate notice
periods, and that they are in
the prescribed format. The
notices are quite technical,
and you should seek profes-
sional advice.
It is important that land-
lords take the following steps
prior to referring a Dispute
Application to the PRTB, to
avoid delays in processing
their case.
1. Obtain tenant details at
commencement of the tenan-
cy: it is vital that landlords
seek to obtain the tenant's
PPS number, contact details
and other information, such
as work details, at the
commencement of a tenancy.
2. Register your tenancy:
landlords cannot take a case
to the PRTB unless they have
fulfilled their legal require-
ment to first register their
tenancy.
3. Contact the community
officer; if a tenant is in receipt
of rent supplement, but is not
passing on the rent, or has
cancelled direct payments to
the landlord's account, the
landlord should immediately
inform the local Community
Welfare Officer, to prevent the
possibility of misappropri-
ation of funds.
4. M a i n t a i n detailed
it is important that
landlord? provide sufficient
documentary tvjdence to a
PRTB adjudicator, to support
their rent arrears case sm:b
as rent book, bank statements.
Ev.-n when the PRTBreach-
• •- .1 •:- v-rminati.-in. the orier
.''•reed rhr.'Ugh
itC .11*
A i;tmll.'.nl ran do r.othine
-.it;r;i <;;;- prnce-v-- h;is been
1 -i and. in the nie^n-
t;ir.'-, ^ (is iH"d ;" ':"ss I
. and incurs or.yuiriK
•. ; v, -'-, f ' '
Tenants are required to paytheir rent when it fallsdue, and their tenancy maybeterminated for
non-payment of rent.
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