Housing (Miscellaneous Provisions) Act 2014

8.

Tenancy warning relating to rent arrears

8. (1) A housing authority may issue a tenancy warning under this section to a tenant who is in breach of a rent-related obligation.

(2) The tenancy warning shall—

(a) set out the basis for the tenancy warning, that is to say, the rent-related obligation that has been breached, the amount of rent arrears that has accrued and the period during which the said amount was not paid,

(b) outline any previous occasion in the 5 years preceding that tenancy warning where the tenant or a member of his or her household was in breach of a rent-related obligation and the position as regards the payment of the rent arrears involved,

(c) require the tenant to pay the rent arrears immediately or, where such payment would cause undue hardship for the household, to contact the housing authority immediately with a view to entering into rescheduling arrangements in respect of the rent arrears involved,

(d) indicate that if, within 2 months after the tenancy warning comes into effect—

(i) the rent arrears have not been paid to the authority, or

(ii) rescheduling arrangements have not been entered into with the housing authority,

the authority may initiate proceedings under section 12 to recover possession of the dwelling,

(e) indicate that if—

(i) the rent arrears are paid by or on behalf of the tenant within 2 months of the tenancy warning coming into effect, and

(ii) in the 12-month period following the tenancy warning coming into effect there is a failure by or on behalf of the tenant to pay rent on the due date,

then the housing authority may, except where, during that period, the authority and either or both the tenant and other members of his or her household enter into rescheduling arrangements for payment of the rent arrears, apply under section 12 to recover possession of the dwelling without issuing a further tenancy warning to the tenant,

(f) indicate that, where either or both the tenant and the other members of his or her household enters into rescheduling arrangements with the housing authority and during the term of those arrangements fails to make a repayment or pay rent on a due date, the authority may, except where the authority is satisfied that the failure to make a repayment or pay rent on a due date was due to circumstances outside the household’s control and the authority and the tenant or the household enter into revised rescheduling arrangements for payment of the rent arrears, apply under section 12 to recover possession of the dwelling without issuing a further tenancy warning to the tenant,

(g) outline the provisions in housing legislation relating to tenants or households in arrears of rent to any housing authority that have not entered into rescheduling arrangements for the payment of such arrears,

(h) set out the tenant’s right, under section 10 , to request a review of the tenancy warning, and

(i) where the housing authority is aware or suspects that the tenant has debts in addition to rent arrears, set out information on where the household may obtain debt advice and assistance.

(3) A tenancy warning shall be served on the tenant (either at the dwelling concerned or otherwise) or, in his or her absence from the dwelling, on such other person at the dwelling as may be prescribed or, if the housing authority has attempted to but has not been able to so serve, by so serving subsequently or by serving in such other manner as may be prescribed.

Annotations:

Editorial Notes:

E25

Power pursuant to section exercised (13.04.2015) by Housing (Local Authority Tenancy Warnings) Regulations 2015 (S.I. No. 122 of 2015), in effect as per reg. 2.