Lease complications

Phobious

Hey Guys,

Need some good advise today. 11 months ago I moved into an apartment in the back garden of a engaged couple (to make it easy we will call them John and Sarah) they marry then split up but I do not think they have filed for divorce! Sarah moved out as I understand John owns the property.

Now my Lease is with Sarah and shes claiming I must move out as she is moving in when my lease ends, but John tells me to ignore her. Sarah tells me her soliciter will be in contact with me!

I very much would like to remain in the apartment but I do not know where I stand Can someone advise?

Thanks,
Phobious

EKRIUQ

Your there longer than 6 months you have loads of rights

Once a tenancy has lasted 6 months, the landlord will be able to terminate that tenancy (known as a “Part 4 tenancy”) during the following 3 1/2 years only if any of the following apply;

• the tenant does not comply with the obligations of the
  tenancy
• the dwelling is no longer suited to the occupants accommodation needs (e.g. overcrowded)
• the landlord intends to sell the dwelling in the next 3
  months
• the landlord requires the dwelling for own or family member occupation
• the landlord intends to refurbish the dwelling
• the landlord intends to change the business use of the
  dwelling.

Here's a quick guide of your rights, http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,1996,en.pdf

Don't worry about solicitors letters they can't do anything, its all bluffing.

juke

EKRIUQ wrote: »

Once a tenancy has lasted 6 months, the landlord will be able to terminate that tenancy (known as a “Part 4 tenancy”) during the following 3 1/2 years only if any of the following apply;

• the landlord requires the dwelling for own or family member occupation

EKRIUQ wrote: »

Don't worry about solicitors letters they can't do anything, its all bluffing.

Think there's plenty the landlord can do!

D3PO

EKRIUQ wrote: »

Your there longer than 6 months you have loads of rights

Once a tenancy has lasted 6 months, the landlord will be able to terminate that tenancy (known as a “Part 4 tenancy”) during the following 3 1/2 years only if any of the following apply;

• the tenant does not comply with the obligations of the
  tenancy
• the dwelling is no longer suited to the occupants accommodation needs (e.g. overcrowded)
• the landlord intends to sell the dwelling in the next 3
  months
• the landlord requires the dwelling for own or family member occupation
• the landlord intends to refurbish the dwelling
• the landlord intends to change the business use of the
  dwelling.

Here's a quick guide of your rights, http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,1996,en.pdf

Don't worry about solicitors letters they can't do anything, its all bluffing.

why are you quoting part 4 tennancy details when the OP has a fixed term lease ? :rolleyes:

If th OP has a lease with "Sarah" and Sarah is adving of notice to move out when the lease ends then you will have to move out.

The caveat being if "Sarah" owns or has an interest in the property.

If "Sarah" has no legal interest in the property then you can sign a new lease with "John" however if "Sarah" has a legal interest in the property then you will have to move.

Personally speaking I wouldnt want to be in the middle of it anyway. Sounds like a messy situation your probably best served moving anyway.

sharpsuit

OP has the benefit of both the fixed term lease and a Part 4 tenancy (as she has lived in the dwelling for over 6 months). The question is what happens to her tenancy once her fixed term lease expires.

Under section 195 of the Residential Tenancies Act, OP must notify the landlord (preferably in writing) of her intention to continue in occupation and to avail of her Part 4 rights. This is not applying for a Part 4 tenancy but simply notifying the landlord of her intention to continue in occupation.

If she did not so notify the landlord, section 195 provides that the landlord could claim compensation for any losses she had incurred in finding a new tenant for the period after OP's fixed term lease.

OP's tenancy can only be terminated by service of a valid notice of termination for the required notice period.

OP should dispute the validity of any notice and Sarah will have to prove that the owner has terminated her interest in the property.