Is late rent payments breaching rental contract?

[Eva2011]

Hi,
My new tenants are always not able to meet direct debit payments. They are ok to make up the missed rent payment by cash as soon as I found out. I text and email the couple a few times to ask them to stick on the contract term of paying by direct debit. However, they are not listening.

It is really annoy. I don't have time to go there to collect cash for so many times. Am I allowed to tell them that is a breaching of contract and give them 92 days notice to let them move out?
Thank you in advance for giving advice on this.

[fuzzlevalve]

You can give 90 days notice any time you like for no reason. Are they on a periodic tenancy or fixed term?

[Sharon]

each time they are late send them a 14 day notice to remedy. After several of these verbally advise them you will be taking matters to Tribunal for remedy. Do regular inspections, address any maintenance issues immediately - not just when it suits. Record everything, take photos.
Often problems in rentals arise around small maintenance matters. Make sure you are doing everything suppose to have done before hitting them up on their own obligations.

[Eva2011]

You can give 90 days notice any time you like for no reason. Are they on a periodic tenancy or fixed term?

We signed a fixed contract for 12 months

[Nice]

We signed a fixed contract for 12 months

Then no, you cannot give 90 days notice for any reason.

As Sharon has said above, issue 14 day notice to remedy each time it happens, check the wording on Tenancy Services website. Then when you have a collection of letters and the problem isn't going away, carry out the htreat contained in the letter and take them to Tenancy Tribunal.

The only way to get them out is via a Tribunal ruling (or by mutual agreement, but I suspect that will be unlikely)

[Keys]

Lucky your tenants don't take you to court for breaching the RTA on taking security other than bond.

[Anthonyacat]

Lucky your tenants don't take you to court for breaching the RTA on taking security other than bond.

Where did anyone say anything about security other than bond?

[Keys]

Read the original post and you will see. If you don't, let me know and I'll tell you.

Ah well, I'll tell you anyway.

[Sharon]

wasnt aware LLs could set up up DDs.

[Learning]

Probably meant direct credit rather than direct debit. The former is a recurring set amount. The latter the payee tells the bank how much they want each time.

[Perry]

The more usual expression (for NZ) is automatic payment.

The original post gives the impression that English is not Eva2011's mother tongue, so a little leeway may be needed.

In some respects, though, all the more reason to take great care with proper procedures.

To answer the question: late payment is a breach.

Just what can be done about it is very prescriptive, though.

[Eva2011]

Many thanks to everyone. Your advices are really helpful.
I am amazed there are so many things that I wasn't aware previously. Thank you for sharing.