Help when a notice to quit is invalid
Steve got in touch with Landlord Advice after Environmental Health informed him that he had issued a notice to quit incorrectly, making it invalid.
Steve’s tenant had fallen behind on rent and Steve felt that he had to issue a notice to quit.
A landlord has the right to evict a tenant who does not address rent arrears, but they must follow the correct process for ending the tenancy.
Landlords will need to write to the tenant and tell them:
- they are ending the tenancy because they have not paid rent
- the date they must leave the property
- what they plan to do to recover the unpaid rent
Steve had not identified the rent arrears as being the reason for asking the tenant to leave.
We were able to advise Steve that this would be the reason for the notice to quit being deemed invalid. We advised him that he would need to issue a fresh notice to quit and informed him that he would need to include the information outlined above in a new notice.
We were also able to instruct Steve on the correct notice period he was required to give the tenant.
Furthermore, we advised him on the correct process for recovering rent arrears from the deposit. And we gave him information on the small claims court process thereafter.
Help and support for landlords
Landlord Advice is a free, confidential service for private landlords and letting agents in Northern Ireland.
Landlord Advice provides information and advice to:
- residential landlords
- estate and letting agents
- people thinking of becoming a landlord
Our advisers are available from 9:30am to 2:30pm Monday to Friday.