Termination of a Part 4 tenancy by a landlord in rent arrears cases
Where a landlord seeks to terminate a Part 4 tenancy (a tenancy of duration longer than 6 months) because the tenant has failed to pay rent, the following two-step procedure must be followed:
- Serve a minumum of 14-days Warning Notice for failure to pay rent;
- Serve a 28-day Notice of Termination of the Tenancy.
Please ensure you give the adequate notice periods. The first day of a period of notice is the day after service. Therefore if the Notice is served on the Monday the period of Notice is counted from the Tuesday. The notice periods depend on the length of the tenancy and the reason for issuing the notice in some circumstance. Whilst not a specific requirement under the Act, it may be prudent to give an additional couple of days notice to ensure that the party receives the required notice periods
Further explanation of each of these crucial steps is set out below.
A Minimum of 14 days warning notice for failure to pay rent, where a tenant falls into rent arrears, the landlord must serve a written notice on 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 Notice for the Minimum 14-day Warning Notice can be found here.
28 day Notice of Termination, if the tenant fails to pay the rent due within the timeframe given in the warning notice at point 2, the landlord may proceed to terminate the tenancy by serving a 28 day notice of termination. A sample Notice can be found here.
Please note a tenancy that has been in existence less than 6 months where no lease is in place, the landlord can serve a 28 day Notice of Termination without having to give a reason.