The Government intends to change the law in regards to residential tenancies and unpaid rent. Please answer the questionnaire below to give us your thoughts on some of the proposed changes.

Residential Tenancies Consultation

As the law currently stands, landlords who have tenants that have not paid rent are required to apply to ACAT to have them evicted. ACAT can choose not to evict a tenant if they reasonably believe that the tenant will pay the rent as it becomes due. In this case, ACAT can order a conditional termination and possession order, which means that if the tenant fails to pay rent in the future the landlord automatically has the right to evict the tenant.

The proposed changes will mean that a landlord is still required to apply to ACAT to have a tenant evicted, but rather than order an eviction, ACAT will make a payment order requiring the tenant to pay what is due. Should the tenant fail to pay this, the landlord can apply again to ACAT within 60 days for an eviction. At this point, ACAT can either; order an eviction, confirm the payment order or make another payment order.