14 Day Arrears Notice

H

HHman

Guest
Hi,

Can anybody confirm (based on law) whether this can be posted or does it need to be signed by tenant ?

My tenant owes for 5 months and I'm new to the landlord game (and learning harsh lessons).

Thanks !
 
The rent is late, what should I do?

When the rent is late, the tenant should be contacted immediately. This lets the tenant know you are a professional landlord and on top of things. A gentle reminder is usually enough to prompt tenants to pay their outstanding rent. If the rent remains outstanding the landlord must notify the tenant in writing that the rent is owing and give them 14 days to pay the rent. If the rent continues to be outstanding the landlord may serve a Notice of Termination on the tenant. The notice must comply with the Residential Tenancies Act 2004 in terms of the content of the notice itself and the amount of notice given.


I would send by recorded post and hand deliver to address.



Taken from this website
http://www.irishlandlord.com/index.aspx?page=faq&answer=48#answer


Well worth a read if your a landlord.
 
HHman said:
Hi,

Can anybody confirm (based on law) whether this can be posted or does it need to be signed by tenant ?

My tenant owes for 5 months and I'm new to the landlord game (and learning harsh lessons).

Thanks !
Click to expand...


where are u located , had a similiar experiece las year
 
HHman said:
Hi,

Can anybody confirm (based on law) whether this can be posted or does it need to be signed by tenant ?

My tenant owes for 5 months and I'm new to the landlord game (and learning harsh lessons).

Thanks !
Click to expand...
And you've left it 5 months!!!!!!! - be prepared for many more months, especially if the tenant does not vacate after the Notice to Terminate.

I presume you have seen a sample copy of a 14 days notice on the PRTB site. The Notice must comply with several requirements otherwise it will be invalid.

What type of lease do you have with the tenant - Fixed Term or Part 4?

Posted is a valid way of delivering a Notice - however, you would need some form of proof of posting in case the tenant denies receipt. However, if the letter is registered, the tenant may refuse delivery.

Likewise, the Notice may be delivered by hand to the property concerned but again, proof of delivery is advisable (witness, date and time stamped photo etc.)
 
Hand delivered the 14 Day Notice last night, and got it signed.
Even took a photo of the signing.

Same question for the Notice of Termination - can I post, or does it need to be signed by tenant ?

Thanks for the advice.

(Realise I made a big mistake leaving it for so long - too trusting)
 
HHman said:
Hand delivered the 14 Day Notice last night, and got it signed.
Even took a photo of the signing.

Same question for the Notice of Termination - can I post, or does it need to be signed by tenant ?

Thanks for the advice.

(Realise I made a big mistake leaving it for so long - too trusting)
Click to expand...

You do not have to get the tenant to sign a copy of the notice - just ensure that it is delivered with some kind of proof of delivery - witness etc.

I hope your 14 day notice was valid - i.e. conforming to all the legal requirements.

You still have not stated as to whether the tenancy is a Fixed Term or a Part 4. Notice requirements are different for the two types of tenancies.
 
Sorry, didn't reply coz I wasn't sure.
Text from contract :
"12 months less a day from the 1st September 2011"

Therefore, I am not sure if this is a "Part 4" ?
 
HHman said:
Sorry, didn't reply coz I wasn't sure.
Text from contract :
"12 months less a day from the 1st September 2011"

Therefore, I am not sure if this is a "Part 4" ?
Click to expand...

In that case, you have a fixed term lease (commonly considered as a 12 month or 1 year lease) which expires on 31st August.

Because it is a fixed term lease, you only have to give two notices:
14 Days Notice of rent arrears which, if the arrears are not paid in full, followed by a Notice of Termination of tenancy (for rent arrears). If the tenant pays the arrears during the Notice of Termination, the landlord may, at his discretion, withdraw the Notice of Termination.

Do ensure that your 14 days Notice of arrears of rent and Notice of Termination (if you have to issue one) are complete in every detail as set out in the law or you may end up with a hefty fine if you proceed with an eviction which would be invalid.

Sample Notices, with notes on completion, is available on the PRTB website:
[broken link removed]
 
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