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Lease ends in a month - no termination notice from LL - What happens now?

  • 20-01-2011 7:06pm
    #1
    TheThor
    Closed Accounts Posts: 17 ✭


    Hello everyboddy,

    Maybe someone has got more experience in lease issues, than I have?

    We are living in an apartment since 2 years with a lease agreement on an initial one year fixed term basis. Last year, when the lease came to its end, we are asked by our property agent (acting for our landlord) that we have to renew our lease. In one month our lease ends again but we want to stay in this apartment. Now I read on www.citizeninformation.ie that there is coverage under Part 4 tenancies in case there is no notice from the LL. http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html
    Under Part 4 of the Residential Tenancies Act 2004, if you have been renting for at least 6 months and haven't been given a written notice of termination, you automatically acquire security of tenure in 4 year cycles.
    According to that, we have sent a letter to our property agent that we are willing to remain in the occupation on basis of our latest agreement. We asked him to forward this to our landlord.

    What confuses me is that our property agent still insists that we HAVE to renew the lease for another year. :confused:
    My questions are:
    1. Are we obliged to sign this renewal?
    2. Is the landlord obliged to a notice period even though the lease ends on the fixed term?
    3. Do we have to move out once the lease is up?
    4. Are we as a tenant covered by part 4 once the landlord misses his latest notification date?

    My problem in this context is that we do not want to agree on a full year because it might be that that we will have to move (due to my job) this year but I do not exactly know when. Additionally the rent is too high so that I doubt that I could find someone else to move in. I was hoping to have a "normal" notice period once I am under coverage of Part 4. Would that be the case?

    Thank you very much for your advice or insight in advance! :o

    Cheers
    TheThor
    Tagged:


Comments

  • #2
    Giblet
    Registered Users, Registered Users 2 Posts: 11,989 ✭✭✭✭Giblet


    You are already a Part 4 Tenant, and remain so after your lease has expired.


  • #3
    TheThor
    Closed Accounts Posts: 17 ✭TheThor


    Thank you Giblet for your quick reply.:)

    I think it is then safe to conclude, that my property agent is "fooling" me by saying that there will be no lease afterwards and that we HAVE to move out if we do not renew?

    Thank you very much for that insight!;)


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,574 ✭✭✭✭Victor


    TheThor wrote: »
    What confuses me is that our property agent still insists that we HAVE to renew the lease for another year.
    I wonder is he just looking for a commission.

    Tell them you aren't certain that you will be able to stay for the full year because of work / you want to travel the world / you hate bossy agents.


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