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Rental arrears refers to a situation in which a tenant has failed to pay their agreed rent on time. Full and timely payment of rent is one of a tenant's most basic obligations to their landlord, and failure to do so is grounds for terminating a tenancy.
In a case of rental arrears, there are two options available to the landlord:
In the event the landlord wishes to terminate the tenancy, it is essential that the landlord first issue a valid Notice of Rental Arrears to their tenant. A copy of this notice must furnished to the Residential Tenancies Board on the same day it is sent to the tenant.
The Notice of Rental Arrears must clearly state the total amount of rent owed and give the tenant 28 days to pay all back rent in full. If the rent is not repaid within 28 days of the tenant's receipt of the notice, the landlord is entitled to issue a Notice of Termination.
Failure to send a valid Notice of Rental Arrears to the tenant and Residential Tenancy Board will invalidate any subsequent Notice of Terminate. As such it is essential that the user fill in this template carefully and follow the instructions provided.
How to Use this Document
The user should refer to any existing lease or tenancy agreement subsisting between the landlord and tenant when filling in this document. It is useful to cite provisions in existing contracts between the parties to clearly highlight that the tenant is in breach of their rental obligation. The user should ensure to include the correct Residential Tenancy Board number in the document.
It is very important that a copy of this Notice of Rental Arrears be sent to the Residential Tenancies Board on the same day it is sent to the tenant. It can be sent by post or by email.
Should the tenant fail to pay the full amount of rent owed, the landlord is entitled to issue a Notice of Termination.
Applicable Law
This document is written to observe the requirements for terminating a tenancies on the grounds of rental arrears established in the Residential Tenancies and Valuation Act 2020.
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Other names for the document: Rental Arrears Notice, Warning Letter for Rental Arrears, Notice of Late Payment of Rent, Notice of Non Payment of Rent, Notice of Breach of Lease Agreement, Non Payment of Rent
Country: Ireland