Handling Rent Arrears: A Landlord's Guide

Rent arrears are one of the most stressful situations a landlord can face. Acting promptly and correctly is crucial — both to maximise your chances of recovery and to preserve your legal options. Here’s how to handle it step by step.

Prevention First

The best strategy is avoiding arrears entirely through good tenant screening. But if you’re already dealing with arrears, read on.

Step 1: Spot the Early Signs

Arrears rarely appear without warning. Watch for:

Rent paid late two months in a row
Tenant requesting to “defer” payment
Difficulty reaching the tenant by phone or email
Unusual maintenance requests (sometimes a deflection tactic)
Changes in the tenant’s circumstances (job loss, relationship breakdown)

Act at the first missed payment. Do not wait for multiple months to accumulate.

Step 2: Make Contact Immediately

Within 3 days of a missed payment:

Call or message the tenant
Be sympathetic but direct: “I notice the rent hasn’t come through — is everything okay?”
Understand the situation — is this temporary or likely to continue?

Keep a written record of all contact attempts and responses.

Often, a missed payment is a genuine mistake (wrong standing order details, banking issue). A prompt, friendly call resolves it immediately.

Step 3: Send a Written Reminder

If rent is not paid within 7 days of the due date:

Send a formal written reminder by email and/or letter
State the amount owed, the due date it was missed, and request payment by a specific date (e.g., within 7 days)
Keep this professional and factual — no threats

Template message:

“Dear [Tenant], this is to notify you that the rent of €[amount] due on [date] has not been received. Please arrange payment by [date + 7 days]. If you are experiencing difficulties, please contact me to discuss. Regards, [Landlord]“

Step 4: Formal Rent Arrears Notice (28-Day Notice)

If payment is not received within the grace period, you must serve a formal 28-day Rent Arrears Notice before you can move to termination.

This notice must:

Be in writing
State the amount of arrears
Give the tenant 28 days to pay the outstanding amount
Warn that failure to pay may result in termination of the tenancy

If the tenant pays the full arrears within 28 days, you cannot proceed with termination on these grounds. The tenancy continues.

Important: Skipping this step invalidates any subsequent notice of termination. Always serve the 28-day notice first.

Step 5: Notice of Termination (If Arrears Not Paid)

If the tenant fails to pay the arrears within 28 days:

Serve a Notice of Termination for rent arrears
The notice period depends on tenancy duration (minimum 28 days for tenancies under 6 months, up to 252 days for 8+ years)
The notice must reference the 28-day arrears notice and state that payment was not made

At this point, you have initiated the formal legal process.

Step 6: RTB Dispute — If Tenant Doesn’t Leave

If the tenant remains after the notice period expires, they are overholding. You cannot forcibly remove them — you must go through the RTB.

File a complaint with the RTB:

Go to rtb.ie
Select “Overholding” or “Rent Arrears” as the dispute type
Provide copies of: rent arrears notice, notice of termination, payment records
Pay the filing fee (€15–€25)

The RTB will schedule mediation (6–8 weeks typically), followed by adjudication if mediation fails (further 8–16 weeks).

Recovering the Arrears

Even after the tenant leaves, you can pursue the outstanding rent:

Small Claims Court

For claims up to €2,000
Filing fee: €25
No solicitor required
Can be done online: courts.ie

District Court

For claims up to €15,000
Filing fee: €55–€220 depending on amount
A solicitor is recommended

RTB Determination Order

If the RTB adjudicator makes a determination order for rent arrears, this becomes a legal order enforceable through the courts.

Reality check: Recovering money from a tenant who has left can be difficult if they have no assets or have left the country. Focus on preventing arrears in the first place and acting quickly when they arise.

The Deposit

If the tenant owes rent, you can apply the deposit to the arrears only after the tenancy ends. You cannot dip into the deposit while the tenancy is ongoing.

After the tenancy ends:

Calculate all legitimate deductions (arrears + damage)
Apply the deposit to these
If the deposit doesn’t cover everything, pursue the balance through courts
If there’s a surplus, return it within 14 days

Payment Plans

If a tenant is in genuine short-term difficulty (temporary job loss, medical issue), consider:

A written payment plan to clear arrears over 1–3 months
Keep paying regular rent in addition to the arrears instalments
Put the agreement in writing and have both parties sign

A good tenant paying late is often better than the void period and re-letting costs of finding a new one. But do not extend credit indefinitely — if the plan isn’t being followed, revert to formal procedures.

HAP Tenants and Arrears

HAP tenants have a split payment arrangement:

The local authority pays you directly — this portion should never be in arrears
The tenant pays the local authority their differential contribution

If a HAP tenant is in difficulty, the issue is usually with the council’s portion (rare) or with some separate arrangement. Contact the HAP department of the relevant local authority immediately if payments stop.

Keep Detailed Records Throughout

For every stage, keep:

Date of each communication (calls, texts, emails)
Amount owed at each point
Copies of all written notices
Bank statements showing missed payments
Proof of service for all formal notices

These records are essential for RTB proceedings.

Timeline Summary

Day	Action
Day 1–3	Rent missed — call/text tenant
Day 7	Written reminder if not resolved
Day 14	Serve 28-day Rent Arrears Notice if no payment
Day 42	Serve Notice of Termination if arrears unpaid
End of notice period	If tenant leaves — apply deposit, pursue remaining balance
End of notice period	If tenant stays — file RTB complaint
RTB process	Mediation → Adjudication → Determination Order

Getting Help

RTB: 0818 303 037 / rtb.ie
Threshold: Free advice for landlords: threshold.ie / 1800 454 454
Solicitor: Essential if facing Circuit Court proceedings

Disclaimer: This guide provides general information only. Tenancy law is complex and specific circumstances may require different approaches. Always seek legal advice for complex arrears situations.