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). 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:
- Serve a minimum of 14-days Warning Notice for failure to pay rent;
- Serve a 28-day Notice of Termination of the tenancy.
The RTB prioritise cases where there are rent arrears therefore a landlord can submit an application to the RTB for the rent arrears. It is also open to a landlord to serve a notice of termination where the tenant is in rent arrears as he has breached his obligations. see our Sample Notices of Termination page.
A Tenant must continue to pay their rent in full until the tenancy ends and while any RTB dispute is ongoing. If the tenant is in receipt of Rent Supplement contact the Community Welfare Officer for the area to have the supplement suspended until the case is heard.