Advice for Private Rented Tenants for notice to quit was issued up to and including 4 May 2022
If your landlord issued a notice to quit during this period, and proceedings come before the court, the court may consider a range of factors.
During the emergency period, judges may consider:
- The degree of compliance with the tenancy agreement (in particular arrears incurred)
before the pandemic;
- Attempts by landlord and tenants to come to a reasonable agreement.
- Steps taken by landlord and tenants to avail of the various protections and support
schemes made available during the emergency period;
- Compliance with any Agreement made;
- Engagement (or attempted engagement) between the landlord and tenant to avert
possession proceedings and;
- Specific domestic circumstances, including changes to the tenant’s income due to COVID-19 or any relevant health conditions of the tenant or member of the household
Advice for Private Rented Landlords for notice to quit was issued up to and including 4 May 2022
Recording of steps taken prior to issue of notice to quit:
- Landlords should have maintained a record of the engagement (or attempted engagement) they have had with their tenants to resolve issues which could lead to the issuing of a notice to quit. It is important that landlords are clear with their tenants in providing details of, for example, any arrears owed, actions which can be taken to resolve the matter, information on how to contact the landlord or their agent. Tenants may also be referred to this guidance as a source of further information regarding their rights.
- The court, in considering any possession proceedings coming before it, will take into consideration all the circumstances of the case, including whether any arrears were amassed prior to the 24 March 2020 (the suspension of court proceedings), and will consider any specific domestic circumstances. These will include the tenant’s income, and any relevant health conditions of the tenant or member of the household
- If possession proceedings are commenced, the court will consider whether any arrears were amassed prior to 24 March 2020 (the suspension of court proceedings), and this, alongside a record of engagement to resolve issues will be taken into consideration by the court. Landlords are therefore asked to maintain a record of any engagement or attempted engagement with their tenant to resolve any issues prior to issuing any notice to quit