Part 4 tenancy

irisheddie85

Hi just a quick question. I have been living in a house about 3 and a half years now, only thing that we ever signed with the landlord was the original 6 month lease so i guess that means i have a part 4 tenancy now.
My question is what happens at the end of 4 years when the part 4 ends?
Everywhere says what you need to do to get out of the lease but what happens if we stay here?
Do our rights on notice to leave just stay at the 4 year term of 100 or so days indefinatley or do they reset to the starting point again.
Just confused coz i cant see the answer anywhere, Thanks for any help

djimi

Its a rolling 4 year tenancy. Not sure what happens with regards notice to leave though; good question. Id be surprised if it resets back to 42 days, but then if the part 4 starts again I suppose it should.

odds_on

At the end of a 4 year Part 4 lease, a new four year cycle called a "further Part 4" tenancy begins. For a tenant, a notice period remains at 56 days because he has been in continuous occupation for more than two years, although a new tenancy exists.

However, a landlord may issue a Notice of Termination within the first six months without giving a reason, however, he must give 112 days notice (16 weeks) which is the maximum notice period under the RTA 2004. If the landlord waits until after the first six months of a further Part 4 tenancy, he must give a reason (which is restricted to about six reasons) but the notice period remains at 112 days.

Any Notice of Termination issued during a tenancy period is invalid if it expires after the termination of that tenancy period. That is, a landlord cannot issue a valid NoT during a Part 4 tenancy, the notice which expires during a new further Part 4 tenancy.

Thus, djimi, as we were discussing in another thread, I think this would also apply to a fixed term leas becoming a Part 4 lease in that a NoT issued during the fixed term but expiring during the Part 4 would render the NoT invalid.

The notice period may be shorter by mutual agreement between landlord and tenant - but may not be included in the terms of tenancy.

irisheddie85

odds_on wrote: »

At the end of a 4 year Part 4 lease, a new four year cycle called a "further Part 4" tenancy begins. For a tenant, a notice period remains at 56 days because he has been in continuous occupation for more than two years, although a new tenancy exists.

However, a landlord may issue a Notice of Termination within the first six months without giving a reason, however, he must give 112 days notice (16 weeks) which is the maximum notice period under the RTA 2004. If the landlord waits until after the first six months of a further Part 4 tenancy, he must give a reason (which is restricted to about six reasons) but the notice period remains at 112 days.

Any Notice of Termination issued during a tenancy period is invalid if it expires after the termination of that tenancy period. That is, a landlord cannot issue a valid NoT during a Part 4 tenancy, the notice which expires during a new further Part 4 tenancy.

Thus, djimi, as we were discussing in another thread, I think this would also apply to a fixed term leas becoming a Part 4 lease in that a NoT issued during the fixed term but expiring during the Part 4 would render the NoT invalid.

The notice period may be shorter by mutual agreement between landlord and tenant - but may not be included in the terms of tenancy.

OK so if I have out right there will be a 6 month window where the Landlord could evict me without a reason and then I am back to the same position I am in now?

odds_on

irisheddie85 wrote: »

OK so if I have out right there will be a 6 month window where the Landlord could evict me without a reason and then I am back to the same position I am in now?

During the first 6 months of a Further Part 4 tenancy, the landlord can issue a Notice of Termination without giving a reason but must give you a 112 days notice period. After the first six months, yes, it would revert to the position that you were in just prior to the end of the original Part 4 tenancy - the landlord can only remove you (evict) on certain grounds, the main ones used by landlords being if he requires the property for his own personal use or that of a family member, or if he wants to sell the property. Notice period of 112 days required.