Part 5

RENT INCREASES

* The landlord/agent must give the tenant 60 days written notice for a rent increase, even if there is a provision in the fixed-term agreement for the increase.

RENT ARREARS PROCESS

* Another reform that is potentially a major concern to our agency is the new flexibility for a tenant to remain in the premises when they fall into arrears.

* Under the new legislation we must issue a new prescribed form called Non-Payment Termination Notice that must state “The tenant is not required to vacate the premises if the tenant pays all the rent owing or enters into a repayment plan”. 

* The ramifications of this reform will be, for example – the Tribunal can make a termination order, the Sheriff can turn up to the property to evict the tenant, and if the tenant pays rent on the date of eviction they can remain in the property.

* If however, we can show that the tenant has frequently failed to pay rent, there is a provision in legislation for a Tribunal to make a termination order with no option to remain in the property.

FASTER RENT ARREARS EVICTION PROCESS

* The landlord/agent will be able to reduce the eviction process by two weeks, as they can now apply to the Tribunal for orders at the same time as giving a termination notice to the tenant.

While this will reduce the eviction time-frame, it can also result in unnecessary Tribunal application costs if the tenant then decides to pay rent.