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Notice Period for end of fixed term lease

  • 03-02-2012 11:58am
    #1
    Max Power1
    Closed Accounts Posts: 10,272 ✭✭✭✭


    Hi

    Ive tried searching online but cant find a definitive answer.

    What notice period is required at the end of a fixed term lease, of my intention to leave/not renew the lease or claim part 4?

    Thanks


Comments

  • #2
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    30 days before the end of the lease or (I think) 45 days once you go beyond the fixed term and into a part 4. I would normally inform the landlord a month in advance of the end of the lease if I dont intend to stay.


  • #3
    Max Power1
    Closed Accounts Posts: 10,272 ✭✭✭✭Max Power1


    Thanks!
    Lease up at the end of march so 30 days before march 31 being March 1st, thats grand. Cheers!


  • #4
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    No official notice period is required if you are not staying at the end of a fixed term lease, as the lease then expires. True, you can claim a Part 4 lease, which should be done between 3 months and 1 month prior to the end of the fixed term. However as you are not claiming a Part 4 tenancy, there is no need to do anything BUT it is polite to advise the landlord that you will be moving out at the end of the lease (also useful if you require a reference from the landlord).

    A landlord who is on the ball would normally enquire if you will be staying for a further term. Most landlords will, in this case offer a tenant a new fixed term lease, but the tenant does not have to sign a fixed term lease and can claim a Part 4 tenancy which is much easier to get ot of should the tenant feel the need.


  • #5
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    odds_on wrote: »
    No official notice period is required if you are not staying at the end of a fixed term lease, as the lease then expires. True, you can claim a Part 4 lease, which should be done between 3 months and 1 month prior to the end of the fixed term. However as you are not claiming a Part 4 tenancy, there is no need to do anything BUT it is polite to advise the landlord that you will be moving out at the end of the lease (also useful if you require a reference from the landlord).

    A landlord who is on the ball would normally enquire if you will be staying for a further term. Most landlords will, in this case offer a tenant a new fixed term lease, but the tenant does not have to sign a fixed term lease and can claim a Part 4 tenancy which is much easier to get ot of should the tenant feel the need.

    Do you not automatically move into a part 4 tenancy at the end of a fixed term lease if you do not sign a new fixed term? I have always been of the impression that once you are in the accomodation longer than 6 months you are either fixed term or part 4, and the part 4 kicks in once the fixed term expires.


  • #6
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    djimi wrote: »
    Do you not automatically move into a part 4 tenancy at the end of a fixed term lease if you do not sign a new fixed term? I have always been of the impression that once you are in the accomodation longer than 6 months you are either fixed term or part 4, and the part 4 kicks in once the fixed term expires.

    Absolutely true, djimi.
    However, it is the tenant that acquires the Part 4 rights and not the landlord. Therefore if the tenant does not want to renew the lease, he is free to leave as the Fixed Term has come to an end. Notice only needs to be given if the tenant wants to stay in the property.
    As I said, it is polite to inform the landlord that the tenant will be vacating at the end of the fixed term, but if vacating, this is not an obligation on the tenant's side - unless there is a clause in the lease agreement that requires the tenant to do so.

    However, surely a landlord would want to know what is going to happen at the end of the fixed term, so he should make enquiries of his tenant - the landlord is in the renting business, not the tenant.


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  • #7
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Maybe it has just been in my last couple of leases then; I have always been required to give 30 days notice if I wasnt renewing the lease so I assumed that this was part of the regulations.

    Agreed that it really is up to the landlord end of the day to check with the tenant, and I think most of them do.


  • #8
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    djimi wrote: »
    Maybe it has just been in my last couple of leases then; I have always been required to give 30 days notice if I wasnt renewing the lease so I assumed that this was part of the regulations.

    Agreed that it really is up to the landlord end of the day to check with the tenant, and I think most of them do.

    Yes, probably a clause in the lease - but often tenants don't read the lease properly and remember what it said or they put the lease in such a safe place that they can't find it to check it.


  • #9
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Found it in an PRTB document re Deposit Refunds:
    In the case of tenants, the only exception to these requirements is where a tenant of a fixed term tenancy (e.g. has signed a lease for 1 year) is ending the tenancy on expiry of the fixed term when no formal notice is required.

    It is therefore a good idea to have a clause in the lease Agreement that states that if the tenant has decided to leave and not renew his agreement to stay in the property he should advise the landlord at least 30 days before the end of the fixed term agreement.

    Also, a good landlord would not leave it to the last moment to find out if the tenant intends to remain in the property.

    IMHO, it is the Irish law as regards a Part 4 tenancy and the right to remain in the property that would appear to make the end of a fixed term agreement somewhat murky as the tenant has the right to remain with either another fixed term agreement (more secure) or a Part 4 agreement. Whichever the tenant chooses, the landlord cannot object and must provide the type of lease the tenant desires.


  • #10
    gaius c
    Registered Users, Registered Users 2 Posts: 3,528 ✭✭✭gaius c


    odds_on wrote: »
    Found it in an PRTB document re Deposit Refunds:


    It is therefore a good idea to have a clause in the lease Agreement that states that if the tenant has decided to leave and not renew his agreement to stay in the property he should advise the landlord at least 30 days before the end of the fixed term agreement.

    Also, a good landlord would not leave it to the last moment to find out if the tenant intends to remain in the property.

    IMHO, it is the Irish law as regards a Part 4 tenancy and the right to remain in the property that would appear to make the end of a fixed term agreement somewhat murky as the tenant has the right to remain with either another fixed term agreement (more secure) or a Part 4 agreement. Whichever the tenant chooses, the landlord cannot object and must provide the type of lease the tenant desires.

    It is murky, isn't it?
    Let me get this right.

    Tenant in property for 12 months as per lease.
    I give a quick call at the end of month 11 to see what their intentions are.
    They state they want to stay in the house but not sign a new fixed-term lease and instead move to a Part 4 tenancy.
    And I *have* to comply with this?


  • #11
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    gaius c wrote: »
    It is murky, isn't it?
    Let me get this right.

    Tenant in property for 12 months as per lease.
    I give a quick call at the end of month 11 to see what their intentions are.
    They state they want to stay in the house but not sign a new fixed-term lease and instead move to a Part 4 tenancy.
    And I *have* to comply with this?

    Yes, you have to abide by what the tenant wants. if they want to sign a new, more secure fixed term lease or a less secure but easily get-out of Part 4 lease, it is up to them. However, I think that a Part 4 lease should be more expensive then a fixed term lease as you are not assured that the tenant will stay for a year. However, part of the idea of a Part 4 lease is that a tenant will stay long term - up to 4 years.

    If you have been lucky enough to have been able to issue a Notice of Termination, during the first six months (even if the notice was subsequently withdrawn) the tenant does not acquire the Part 4 rights.

    Your Part 4 lease can usually include all the clauses that you have had in your fixed term lease except anything relating to fixed term and not being able to terminate the lease as anything like that would be overridden by the Part 4 and RTA 2004 laws.


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  • #12
    No 7
    Registered Users, Registered Users 2 Posts: 28 ✭No 7


    Similar question to the original poster,

    We will be living in our current property for 2 years in the middle of March after which the lease ends, we would like to leave the property on or before then. We initially signed into a 1 year agreement and renewed for another year there after.

    I talked to the agent handling the property and they said we have to give 42 days notice.

    My question is do we have to give the landlord notice that we are leaving? If so how much notice do we have to give?


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