Application for Payment of Rent Arrears (N7)

As a landlord, collecting rent payments on time is essential for maintaining the financial health of your property. However, there may be situations where a tenant fails to pay their rent, causing arrears to accumulate. In such cases, you may need to take legal action to recover the unpaid rent. The Application for Payment of Rent Arrears (N7) is the process used to request the Landlord and Tenant Board (LTB) to assist in recovering unpaid rent and, if necessary, evict the tenant.

What is the N7 Application?

The N7 Application is a formal process that landlords can use to apply to the Landlord and Tenant Board to collect rent arrears. This application is typically filed when tenants have failed to pay rent for a period of time, and despite reminders or attempts to resolve the issue, they remain in arrears. The N7 Application seeks payment for the overdue rent and may include a request for eviction if the arrears are not paid within a specified timeframe.

When Should You File an N7 Application?

You can file the N7 Application for rent arrears when:

The tenant has failed to pay rent: The tenant has not paid rent according to the lease agreement, and you have made reasonable efforts to collect the overdue rent.
The tenant is behind on payments: If the tenant is consistently late with rent payments and is now in arrears.
The tenant has been given notice: If you have notified the tenant of their arrears and have given them a reasonable time to pay before taking further legal action.

It is important to note that the N7 Application can only be filed after you have provided the tenant with a Notice of Rent Arrears (N4). The N4 notice informs the tenant that they have fallen behind on rent and gives them a specific period to pay the arrears before you can proceed with the N7 Application.

Steps to File the N7 Application

Filing an N7 Application involves several key steps:

Serve the N4 Notice: Before filing the N7 Application, you must serve the tenant with an N4 Notice, also known as the Notice of Rent Arrears. This notice should clearly state the amount of rent owed, the due date, and the consequences if the rent is not paid within the specified period.
Wait for the Notice Period to Expire: After serving the N4 Notice, the tenant has a specific period to pay the arrears (usually 14 days). If the tenant does not pay or reach an agreement with you, you can proceed with filing the N7 Application.
Complete the N7 Application: To file the N7 Application, you will need to fill out the official form, providing details such as the amount of rent owed, the tenant’s contact information, and the history of rent payments. Be sure to include copies of the N4 Notice and any other documentation that supports your claim.
Submit the Application to the LTB: Once the N7 form is completed, submit it to the Landlord and Tenant Board. The application will be processed, and a hearing will be scheduled where both you and the tenant can present your case.
Attend the LTB Hearing: During the hearing, both you and the tenant will have an opportunity to present evidence. You should bring all supporting documents, including the tenancy agreement, the N4 Notice, records of rent payments, and any communication regarding the arrears. The LTB will then make a decision based on the evidence provided.

Possible Outcomes of the N7 Application

The outcome of your N7 Application will depend on several factors, including whether the tenant pays the arrears or presents a valid defense. Some possible outcomes include:

Payment of Rent Arrears: If the tenant pays the overdue rent in full before or at the hearing, the matter may be resolved without further action, and the tenancy may continue.
Payment Plan: If the tenant agrees to pay the arrears in installments, the LTB may approve a payment plan. The landlord and tenant must adhere to the terms of this agreement.
Eviction Order: If the tenant refuses to pay the arrears or fails to reach an agreement, the LTB may issue an eviction order, requiring the tenant to vacate the rental unit.
Dismissal of the Application: If the LTB finds that the arrears were not substantiated or that the tenant was unjustly accused of non-payment, the application may be dismissed, and the tenant will be allowed to remain in the rental unit.

How to Avoid Rent Arrears Issues

While rent arrears can happen, there are steps you can take to minimize the risk of non-payment:

Screen Tenants Carefully: Conduct thorough background checks and ensure that tenants have a reliable history of paying rent.
Set Clear Expectations: Clearly outline the payment terms in the lease agreement, including due dates and late fees.
Communicate Promptly: If a tenant is late with rent, address the issue immediately. Sometimes, tenants face temporary financial difficulties, and early communication can help resolve the situation before it escalates.
Consider Rent Insurance: Some landlords opt for rent insurance to protect themselves in the event of non-payment. This can be a helpful option to secure rental income.

How a Paralegal Can Help with the N7 Application

While the N7 Application is a legal process that can be completed by landlords, having a professional guide you through it can make a significant difference. A paralegal can assist with:

Serving the N4 Notice: Ensure the N4 Notice is served properly and meets all legal requirements.
Preparing and Filing the N7 Application: A paralegal can assist with filling out the N7 form and ensure that all supporting documentation is included.
Representation at the Hearing: A paralegal can represent you at the LTB hearing and present your case effectively.

Contact Us for Assistance with Rent Arrears

If you’re dealing with rent arrears and need help filing the N7 Application, we’re here to assist. We can guide you through the process, represent your interests at the hearing, and help ensure that you can recover the rent owed to you.

Need Help with Rent Arrears?

If you’re facing issues with unpaid rent, contact us today. Our team can help you with the N7 Application and ensure that your rights as a landlord are protected.

Application for Payment of Rent Arrears (N7)