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Can PRTB help me chase overdue rent?

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  • 18-06-2009 12:44pm
    #1
    Registered Users Posts: 425 ✭✭


    I'm getting tired of late or non-payment of rent. I have already reduced the rent and I have tried to be reasonable, but I'm the one now building up debts and I'm getting fed up.

    Will PRTB send a letter to tenants that might have some affect on them?

    Thanks.


Comments

  • Registered Users Posts: 2,131 ✭✭✭RentDayBlues


    If you are registered with the PRTB you can initiate dispute resolution to try to solve the problem. It can take some time and the tenancy goes on hold during this time.

    However, you can give them notice if they are not paying, see below from Threshold. Might be worth giving them a call to see what they advise

    Notice of Termination As stated above, the Residential Tenancies Act 2004 affords greater security of tenure to tenants. During the three and a half year period the landlord can only terminate the tenancy on specified grounds.
    Acceptable grounds include the
    • tenant not complying with their obligations (e.g. not paying their rent)
    • landlord intending to sell the dwelling
    • landlord requiring the dwelling for his own occupation or for a family member
    However, please note that if a fixed term tenancy exists it cannot under any circumstances be terminated before the expiry of the term, unless the landlord or the tenant is in serious breach of the agreement. Please contact Threshold if you have any query about these rules.
    The landlord must also give the tenant written notice of termination. The period of notice will depend on the duration of the tenancy.
    Duration of Tenancy Notice by Landlord
    • Less than 6 months 28 days
    • 6 or more months but less than 1 year 35 days
    • 1 year or more but less than 2 years 42 days
    • 2 years or more but less than 3 years 56 days
    • 3 years or more but less than 4 years 84 days
    • 4 or more years 112 days


  • Closed Accounts Posts: 18,966 ✭✭✭✭syklops


    How over due is it?


  • Registered Users Posts: 425 ✭✭Manuel


    Thanks. 6 weeks now, after a few gentle reminders and commitments given.

    I contacted PRTB and they gave me comprehensive advice, step by step.
    disputes@prtb.ie

    I don't want to implement it, but I don't need this stress ... I guess a tenant who pays their rent late is better than no tenant at all, but still .....


  • Registered Users Posts: 9,787 ✭✭✭antoinolachtnai


    What advice did they give?

    Did they tell you to serve notice?

    I would serve notice if I were you. You cannot have that situation ongoing.


  • Registered Users Posts: 425 ✭✭Manuel


    If a tenant falls into arrears of rent they must be first given an opportunity to rectify the situation in a form of a 14 day notice (written) to pay said arrears.

    This notice must contain:

    (a) The full amount of arrears.

    (b) Inform them what will happen if they do not pay during the given timeframe (being that you will issue a notice of termination)

    The tenants have the whole of the 14 days to pay the full amount of arrears ( in the event that they do not pay the full amount, on the 15th day (or they do, but are late the following month) your recourse is to issue the tenants with a notice to terminate the tenancy. This notice period would be 28 days & you must state a reason, which would be continious breach of tenant obligations for failure to pay rent on time (or at all).


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