Process for serving a Notice of Termination for Rent Arrears

For a valid Notice of Termination for Rent Arrears to be served it must follow prescribed steps

If a tenant is in the dwelling for less than 6 months, a landlord can serve a 28 day Notice of Termination without giving any reason (subject to it not being a fixed term tenancy agreement).  If a landlord decides to give a reason of rent arrears then the process set out below must be followed. Also, where a landlord seeks to terminate a Part 4 tenancy (duration of tenancy 6 months or more) because the tenant has failed to pay rent, the following two-step procedure must be followed:

1.            Serve a minimum of 14-days warning notice for failure to pay rent. The landlord must serve a written notice to the tenant informing him or her of the amount of rent that is due. The landlord must then give the tenant a minimum of 14 days to pay those rent arrears. A sample Warning Notice can be found here.

2.            Serve a 28-day Notice of Termination of the tenancy. If the tenant fails to pay the rent due within the timeframe given in the warning notice as outlined above, the landlord may proceed to terminate the tenancy by serving a 28 day notice of termination. Please note the law requires that a tenant is given a reasonable time to remedy a breach. This can be different from case to case, but should at a minimum 14 days. A sample notice can be found here.

It is important that correct notice periods are given. The first day of a notice period is the day after the notice is served.  Therefore if the notice is served on a Monday the period of notice commences from the Tuesday.  The notice periods required depend on the length of the tenancy and the reason for issuing the notice in some circumstance. Whilst not a specific requirement under the legislation, it may be prudent to give an additional couple of days notice to ensure that the tenant receives the required notice period. See our Sample Notices of Termination page.