14 days rent arrears notice

Hi,

I had to issue tenant with a rent arrears letter (template taken from rtb site) on 27 June. Notice period start 28 June. His rent is payable weekly.

By the 5 July he had all arrears and his weeks rent due on 30 June paid up. On 7 July his weekly rent was due again and I'm still waiting for it.

My question - does this arrears fall into the existing 14 day notice letter or do I have to issue another one?
If I have to issue another notice letter, is this a never ending cycle or at some stage can I issue a notice to quit?

Thanks for reading

Lux23

I would have thought the notice refers to the money already paid so you might have to issue it again? Maybe have a chat with them and see if it might help to change the frequency of payments?

Thanks Lux, I have been having chats with him about this for more than a year. I told him in the months prior to issuing the notice that if the rent situation was not rectified, his tenancy would be at risk.

i hoped the 14 day notice letter would be enough to sort the matter out but alas, he is once again in arrears.

Graham

Be careful here OP.

The fact that you've allowed this to go off/on for so long may actually work against you if/when you go to the RTB.

Thanks graham.

To be clear, the arrears are:were current it's just I've been chasing him when rent was due. Then it would be paid.

I've just taken this from threshold website. 1st paragraph states arrears, 2nd states rent. Spelling mistake is on website.


Termination of a Tenancy due to rent arrears
Where your landlord wishes to end your tenancy due to rent arrears there is a process they must follow:


- Firstly you must be given written notificatio of th arrears and
- If after 14 days you have not paid the rent due to the landlord then your landlord can seek to end the tenancy by giving you at least 28 days written Notice of Termination.


I might contact rtb to clarify if any rent outstanding within the 14 days falls into valid reason for termination.

Graham

No harm having a chat with the RTB of they'll answer your questions.

I would make sure you issue a 14day warning notice at every opportunity. I vaguely recall a case where the RTB decided that failure to do so established some sort of pattern of flexibility that the tenant was somehow then entitled to!

Just called rtb. His current rent arrears are covered by the existing 14 day notice.

The_Conductor

Graham wrote: »

No harm having a chat with the RTB of they'll answer your questions.

I would make sure you issue a 14day warning notice at every opportunity. I vaguely recall a case where the RTB decided that failure to do so established some sort of pattern of flexibility that the tenant was somehow then entitled to!

+1

As ridiculous and Monty Python'esque as this sounds- you *need* to continuously issue rent arrears notices. Failure to do so- *will* be held against you.

The tenant cleared the previous balance within the 14 days given on their last notice- that satisfied their last notice- you need to issue fresh notice of arrears for the new arrears.

Michael D Not Higgins

Strawberry Milkshake wrote: »

Just called rtb. His current rent arrears are covered by the existing 14 day notice.

That doesn't sound right. The RTA states you can issue notice of termination if

the tenant has been notified in writing by the landlord that an amount of rent due has not been paid and 14 days elapse from the receipt of that notice without the amount concerned having been paid to the landlord.

On 5th July the 14 day period had not elapsed and all the arrears due (the "amount concerned") were paid. The notice is then fulfilled by the tenant and arrears only then occurred again on 7th July.

If you were to issue notice of termination based on the one arrears notice, I'd expect the tenant to win the argument as the arrears for that notice were cleared. I know that sounds unfair but you need to keep issuing notices of arrears to keep on the right side of the law. The RTB can find any reason to side with the tenant if there's a problem with the landlord's notice.

I'm erring on the side of caution and going by your recommendations. Will issue another 14 day notice today which will start tomorrow.