Notice To Terminate Tenancy Agreement Page 3
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4INFORMATION FOR THE LANDLORD
Once completed you should retain a copy of this notice for your own records.
A notice of termination for a periodic agreement may specify a day other than the last day of a period for
the payment of rent as the termination date.
If the notice is posted at least 4 working days should be added to the date of posting to allow for delivery.
It is recommended not to send notices by registered mail.
If you leave the notice in the tenant’s letterbox it needs to be in an envelope addressed to the tenant. You
may wish to have someone accompany you so that the service of the notice can be witnessed.
You can apply directly to the Consumer, Trader & Tenancy Tribunal for an order to end the tenancy
immediately in certain situations, including serious damage to the premises, serious injury to persons,
illegal use of the premises or threats, abuse, intimidation or harassment.
When determining the day on or by which the tenant is requested to vacate the period is counted in
calendar days, starting the day after notice is given. Where that day turns out to be a Sunday or Public
Holiday it may be a good idea to make the vacation date the next working day.
If you have 2 or more tenants on the same lease, this notice is duly given if given to any one of them.
This notice can be revoked at any time with the agreement of the tenant. If the notice is revoked you can
give a further notice on the same ground at a later time.
After you issue a notice you can issue a further notice on a different ground. For example, if you issue 90
days notice for termination of periodic tenancy without a reason, and the tenant then stops paying the
rent, you can issue a non-payment of rent notice.
INFORMATION FOR THE TENANT
If you dispute the grounds (reasons) on which this notice was given you should first attempt to resolve it
by contacting the landlord or agent.
If you fail to leave the premises by the specified day the landlord/agent may apply to the Consumer,
Trader and Tenancy Tribunal for an order terminating the agreement. In the case of non-payment of rent
a termination order can be applied for on the same day or any time after the notice is served. A 30 day
time limit from the termination date applies to all termination applications to the Tribunal.
You can apply to the Tribunal to have this notice declared void and of no effect if you believe it was
issued for retaliatory reasons.
If you do not vacate your tenancy can only be ended by the Sheriff enforcing a warrant for possession
issued by the Tribunal. Penalties can be imposed on a landlord, agent or any other person who seeks to
remove you from the premises other than by following the correct process.
Except where this notice is issued because the fixed term period is ending, you are able to vacate and
hand back possession at any time before the date you have been requested to vacate. You do not have
to give your own notice, you only have to pay rent to the date possession is given.
If this notice has been issued due to non-payment of rent, if you pay all the rent owing or if you enter into
and fully comply with a repayment plan agreed with the landlord/agent, you will be able to stay in the
premises and continue your tenancy unless the landlord/agent applies for and successfully obtains a
termination order due to your frequent failure to pay rent on time (see sections 88 & 89 of the Act).
It is your responsibility to leave the premises as near as possible in the same condition, fair wear and
tear excepted, as set out in the original condition report.
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Parent category: Letters