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Lease question

  • 10-05-2011 11:44am
    #1
    JoeyJJ
    Registered Users, Registered Users 2 Posts: 3,663 ✭✭✭


    Hi,

    I'm aware of Part 4 tenacy and some of its rules however if anyone could let me know how the end of a contract works where it is a custom contract (1 year)

    Basically i'm coming to the end of my 3rd Contract and am reluctant to sign on for an other year, my landlord is considering a contract where I have to give 2 months notice.

    If my landlord wants me out when my current contract expires do I have to leave the next day? or is there notice needed?

    Thanks, I did read some documents on prtb however was a little unsure.


Comments

  • #2
    antoinolachtnai
    Registered Users, Registered Users 2 Posts: 9,817 ✭✭✭antoinolachtnai


    No. Notice is indeed needed.


  • #3
    JoeyJJ
    Registered Users, Registered Users 2 Posts: 3,663 ✭✭✭JoeyJJ


    Thanks, Since its 3 year I guess the landlord will need 12 weeks, unless I don't pay or anti social which isn't going to happen.

    I guess I have some time If I don't agree to new Lease and paying more, my landlord wants to increase the rent too.


  • #4
    antoinolachtnai
    Registered Users, Registered Users 2 Posts: 9,817 ✭✭✭antoinolachtnai


    He can increase the rent alright. You have to pay the increased rent, though you can then appeal the increase to the PRTB if the increased rent is greater than the market rent. You would need to check the Act in relation to this.


  • #5
    variety
    Registered Users, Registered Users 2 Posts: 152 ✭✭variety


    JoeyJJ wrote: »
    i'm coming to the end of my 3rd Contract and am reluctant to sign on for an other year, my landlord is considering a contract where I have to give 2 months notice.

    If my landlord wants me out when my current contract expires do I have to leave the next day? or is there notice needed?

    If you're on a fixed term contract, notice is not required to be given by either party. It is assumed the contract terminates on the date specified unless either party gives the other notice that this is not the case (ie, if you want to stay on, you tell them, otherwise the LL would assume you are moving out).

    If you have been in the property for longer than 3 years, you would be required to give 56 days notice, so signing a fixed term lease with only 2 months notice provision is certainly more in your favour (a contract can only differ from the law if it is in favour of the tenant).
    If you're unsure you will stay for 12 months, get a couple of break clauses put in (eg at months 3, 6 and 9).


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