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11 Month Lease

  • 01-01-2007 8:36pm
    #1
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭


    What is an 11 month lease? My landlord, through a letting agent that he has appointed, has sent me in a new lease which states that is an "11 month lease and then on a month to month basis - 4 year cycle". What are the ramifications? Obviously I would prefer a 12 month lease. AT the moment I have an implied lease in place for over 3-years.


Comments

  • #2
    markpb
    Registered Users, Registered Users 2 Posts: 9,389 ✭✭✭markpb


    I have a feeling that after 12 months a tennant has some extra rights over normal tennants. I could be imagining things though.


  • #3
    miju
    Banned (with Prison Access) Posts: 8,486 ✭✭✭miju


    its called a part four tenancy and "technically" gives you more freedom over the lease than the landlord , you can find more info on it here brian

    basicially what it means is
    Your landlord can terminate a tenancy without giving a reason during the first six months of the tenancy. However, once the tenancy has lasted for six months they can only terminate the tenancy on specified grounds over the next three and a half years.

    After four years of your tenancy has passed, a new tenancy starts. The same four-year cycle can begin again leading to a further Part 4 tenancy. Any tenancy therefore, that has lasted more than six months is a Part 4 tenancy or a further Part 4 tenancy. Tenants can terminate the tenancy at any time without giving a reason, subject to the rules for giving notice.


  • #4
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    So is there such a thing as a 12 month lease?

    My predicament is that I have been resident in the property for over 3 years (last june being the third anniversary). There is no written lease but a 12 month lease was what was agreed required in the first place. The landlord is all above board, registered and provides rentbooks etc.

    So late last year a property management company advises me that they will be managing the lease, there is no difference in how I pay the rent (DD) but there will be a rent increase and a new lease has to be signed.

    So what's the best thing to do? I do want to have it noted in the lease that I have been resident there for the previous three years.


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    11-month leases have been popular in agriculture, as the leasee gained no rights.

    I don't think the same applies to residential property - the equivalent would be a 5-month lease.

    Make sure that any increase is in line with market increases.


  • #6
    EKRIUQ
    Registered Users, Registered Users 2 Posts: 4,387 ✭✭✭EKRIUQ


    Victor wrote:
    11-month leases have been popular in agriculture, as the leasee gained no rights.

    I don't think the same applies to residential property - the equivalent would be a 5-month lease.

    Make sure that any increase is in line with market increases.

    Correct, The residential tenancies act 2004 means the tennant can demand a 3 year lease once in the house for more than 6 months, subject to a few conditions owner wants to move in or is selling the property.


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