Frequently Asked Questions
Do I have to provide a warning notice?If your lease is fixed, you must always provide a warning notice for unpaid rent (Warning Notice of Rental Arrears). If your lease is fixed and the tenant has not been there for at least 6 months, you do not have to give a warning notice for a lease breach (Warning Notice of Lease Breach) or for anti-social behaviour (Warning Notice of Anti-Social Behaviour) but it is still recommended. If your lease is fixed and the tenant has been there for at least 6 months, you must provide a reasonable warning notice for lease breach or anti-social behaviour.
If the lease is a periodic lease and the tenancy at that time is less than 6 months, you should just provide the 28 days’ notice without any warning notice. If the lease is not a fixed lease and if the tenant has been a tenant for at least 6 months (security of tenure under Part 4 of the Residential Tenancies Act 2004), then you must provide a warning notice of 14 days to pay the rent or a reasonable period of time for any other breach.
These warning notices are included with your LawDepot Warning Notices.Do I have to provide a notice to change the rent?A landlord must provide a notice to its tenant of a rent review, which must include certain information about the basis for the rent increase and the rights of the tenant to appeal.
A landlord may only increase the rent every 12 months.
A landlord should also ensure that, if required, changes to the rent are registered with the Residential Tenancies Board.What is a fixed-term lease?A fixed-term lease is one where the landlord and tenant have agreed that the lease ends on a certain date, or after a certain amount of time, which was decided when the lease was first made, and it has not yet expired.What is a periodic lease?A periodic lease is one where the landlord and tenant have not decided on a certain end date. Instead, the lease renews on a periodic basis, such as monthly. Or a fixed term lease that has expired.What is a rent review?A notice of rent review or rent increase provides the tenant with prior notice of an increase in the rent with the required information justifying that rent increase.