Dealing with Rent Arrears under New Legislation.
There are eight steps detailed below which all tenants and landlords must follow if they find themselves in rent arrears. Failure to complete each step as set out below will lead to a Notice of Termination being deemed invalid.
Step 1: A landlord must issue a 28 day warning notice to the tenant to pay back the rent arrears
Step 2: Landlords must serve a copy of the written rent arrears warning notice to the RTB
Step 3: RTB will write to the landlord and tenant upon receipt of the warning notice
Step 4: Tenant provides consent to the RTB to assist them in obtaining MABS Advice
Step 5: Where applicable, the tenant completes and submits a Self-Declaration form to the RTB and sends a copy to their landlord
If the tenant has been affected by Covid-19, they are not required to vacate their accommodation or pay an increase in rent during the period up to 10th of January 2021.
Step 6: Service of Notice of Termination
The tenant has not sent the landlord a Self-Declaration form: the landlord can proceed to serve a Notice of Termination for rent arrears once the 28-day warning notice has expired.
By law from the 2nd August 2020 to 10th January 2021, if Notices of Termination are served on tenants who have not paid rent arrears during the minimum 28-day warning period, or have not availed of MABS assistance, the termination notice period is a minimum of 28 days.
The tenant has submitted their Self-Declaration form to the landlord: the tenancy cannot be terminated until 11 January 2021 and the tenant must be given a 90 day notice period. Please note that it is still open to a landlord to serve a valid Notice of Termination from 2nd August onwards, however, the termination date must reflect a date on or after 11th January 2021.
Step 7: Landlords must serve a copy of the Notice of Termination to the RTB
Step 8: RTB will contact the tenant informing them of their resolution options
Please do not consider this a legal interpretation.