Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I move amendment No. 26:

In page 12, to delete lines 8 to 16 and substitute the following:“ “1A. The tenant has failed to comply with the obligation, in relation to the tenancy, to pay an amount of rent due (whether arising under section 16 (a) or otherwise) and—
(a) the landlord has, in accordance with section 67(3), notified the tenant in writing that—

(i) an amount of rent due has not been paid, and
(ii) the landlord is entitled to terminate the tenancy if the failure to pay the rent is not remedied within 14 days from the date on which the notice is received,

(b) 14 days have elapsed from the receipt of the notification given in accordance with section 67(3), and
(c) the tenant has not paid the amount of rent due.”,”.

These amendments further clarify the amendment in section 11 which inserts a specific ground in the table to section 34 relating to termination of a tenancy for non-payment of rent. Under the 2004 Act, when a landlord wishes to terminate a Part 4 tenancy for non-payment of rent, he or she must serve a notice informing the tenant of the breach of obligation and give him or her a reasonable time to remedy that breach. However, he or she must also serve a 14 day warning letter under section 67 and, having served these two notices, can only then issue a notice of termination when the rent is not paid. The amendment simplifies the termination process for non-payment of rent. It provides that the landlord only needs to serve one 14 day warning letter to the tenant and that if the rent remains unpaid, he or she may then proceed to serve a notice of termination to terminate the tenancy.