Rent arrears is one of the most common grounds used by Irish landlords to terminate a tenancy. Under Section 34(a) of the Residential Tenancies Act 2004, a landlord may terminate a Part 4 tenancy where the tenant has failed to pay rent.
Key Points for Landlords
- No statutory declaration is required for rent arrears notices
- Document the amount owed and dates of non-payment before serving
- A prior warning notice is recommended but not strictly required by legislation
- Notice period is calculated from the date of service, not the date of drafting
- The RTB recommends sending by registered post as evidence of service
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Generate My Notice of TerminationFrequently Asked Questions
Do I need to give the tenant a warning before serving notice for arrears?
The Residential Tenancies Act 2004 does not require a formal warning notice before serving a termination notice on grounds of rent arrears. However, the RTB strongly recommends prior written communication. A written warning strengthens your position if the matter proceeds to a dispute hearing.
Can I terminate if rent is only one month overdue?
Yes. Section 34(a) does not specify a minimum arrears threshold. However, serving notice after a single missed payment without prior contact may be viewed unfavourably by an RTB adjudicator. Document your communication attempts with the tenant before serving.
What notice period applies for rent arrears?
The notice period is the same as for any other ground — it depends on how long the tenancy has been in place at the date of service. Tenancies under 6 months: 28 days. 6 months to 1 year: 35 days. Up to 8+ years: 224 days. RTBNotice.ie calculates this automatically from the tenancy start date.
Related Guides
See our full guide to serving a Notice of Termination in Ireland, covering all 6 grounds, notice periods, statutory requirements, and how to serve correctly under the Residential Tenancies Act 2004.