Farming LEGAL ADVICE THURSDAY, JANUARY 8. 2015

• First in our new weekly legal advice articles by solicitor Karen Walsh

Step carefullyand get advice ifa tenant hasfailed to pay rent• I am renting a small cottage onmy farm to a tenant for over ayear, and in the past few months,the tenant has not paid m* anyrent What are my regal options?» Under the ResidentialTenancies Act, 2004, tenantsare required to pay tlvair rentwhen it falls due: and theirtenancy may be terminatedfor non-payment of rent.

Where a landlord seeks tot e r m i n a t e a t e n a n c y ofdura t ion longer t h a n s ixmonths (known as a Part IVtenancy), because the tenanthas failed to pay rent, thefo l lowing three-stepprocedure must be followed:

(1) Give the tenant noticethat they have breached theirobligation to pay rent.

This should be done inwriting.

(2) Serve a 14-day warningnotice for failure to pay rent.

(3) Serve a 28-day notice oftermination of the tenancy.

Step 1: Notice of Breach ofObligation

The landlord must notifythat:

(i) the tenant is in arrears ofrent,

(ii) the tenant is allowed areasonable time to remedythat breach of obligation,

(iii) the landlord is entitledto terminate the tenancy if thetenant fails to remedy thatbreach of obligation withinthe period specified.

The first notification doesnot need to be in writing, and alandlord can give a tenant ver-bal notice of the rent arrears,but must ensure that the ten-ant is aware that failure to paythe rent arrears within a rea-sonable time will result in thelandlord t e r m i n a t i n g t h < ;tenancy. As a landlord may-need to give evidence that thishas been communicated to thet e n a n t , it may be prudent to,"••> fhis notice in writing.

Step 2:14-day WarningNotice for Failure to Pay Rent

Where a tenant falls into- i r . < landlord mus t

serve a written notice on thetenant informing him 0 1 ' ] . = r u tthenmnunt > i f rent that is due.The landlord v.-;li then give the

; ay thusyn :"it -i j ' ie;ir-

Step 3:28 day Notice ofTermination of the Tenancy

If the tenant fails to pay therent d'vic w i t h i n 14 dreceipt • I • ; . ' ; ; (>• aiStep 2 afrjve, the landlord may• • • M '•• e *he ttm-

Karen Walsh comes from a fanningbackground at Grenagh, Co Coit, andis a solicitor practicing in CW Ashe &Co Soiidtof s in Macroom, Co Celt.

VWhile every care is taken to ensure accuracy ofinformation in this article, solicitor Karen Walsh does not acceptresponsibility for errors or omissions, howsoever arising, andyou should seek legal advice in relation to your particularcircumstances at the earliest possible time.

ancy by serving a 28-daynotice of termination.

Registered landlords shouldapply to the Private Residen-tial Tenancies Board (PRTB)for dispute resolution, in caseswhere the t enan t fai ls tovacate the rental dwellingaf ter the expiry of val idnotices of rent arrears andtermination.

The PRTB will prioritisesuch cases for an adjudicationhearing, and will make anenforceable determinationorder requiring the tenant tovacate the property, if validlyserved notices have expired.

The l and lo rd or otheragents must never remove atenant or their property froma rental dwelling themselvesor interfere with their util-ities, such as electricity orwater supply, as this will betreated as an unlawful termi-nation of tenancy, with poten-t ia l awards of damages infavour of the tenant.

Tht- Act specifies the pre-cise format for such notices,and PRTB adjudicators willonly uphold the validity ofnotices that are in the correct

• Registeredlandlords shouldapply to thePrivateResidentialTenancies Board(PRTB) fordisputeresolution^*)

format. It is essential that allnotices are valid. It is essentialthat you give adequate noticeperiods, and that they are inthe prescribed format. Thenotices are quite technical,and you should seek profes-sional advice.

It is important that land-lords take the following stepsprior to referring a DisputeApplication to the PRTB, toavoid delays in processingtheir case.

1. Obtain tenant details atcommencement of the tenan-cy: it is vital that landlordsseek to obtain the tenant'sPPS number, contact detailsand other information, suchas work detai ls , at thecommencement of a tenancy.

2. Register your tenancy:landlords cannot take a caseto the PRTB unless they havefulf i l led their legal require-ment to first register theirtenancy.

3. Contact the communityofficer; if a tenant is in receiptof rent supplement, but is notpassing on the rent, or hascancelled direct payments tothe landlord's account, thelandlord should immediatelyinform the local CommunityWelfare Officer, to prevent thepossibility of misappropri-ation of funds.

4 . M a i n t a i n de ta i l edit is important that

landlord? provide sufficientdocumentary tvjdence to aPRTB adjudicator, to supporttheir rent arrears case sm:bas rent book, bank statements.

Ev.-n when the PRTB reach-• •- .1 •:- v-rminati.-in. the orier

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A i;tmll. ' .nl ran do r.othine- . i t ; r ; i < ; ; ; - prnce-v-- h;is been

1 -i and. in the nie^n-t;ir.'-, ^ (is iH"d ;" ':"ss I

. and incurs or.yuiriK• . ; v, - ' - , f ' '

Tenants are required to pay their rent when it falls due, and their tenancy may be terminated fornon-payment of rent.

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