No Lease

andy85wsm

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odds_on

I'm looking for accommodation on daft.ie and some of them say a minimum and some say available for. I assume that the minimum ones will have a lease and the others don't.

I think the the "minimum" that you are referring to is the minimum term that the let is for. "Available for" tells you the maximum time the propoerty is available for.

All residential tenancies have a lease agreement, either written, verbal or implied. To avoid any doubt as to the terms and conditions of an agreement, over and above those as set out in the Residential Tenancies ACT 2004, you should always get the agreement in writing, otherwise those minimum terms apply unless other terms have been agreed - but difficult to prove.
Furthermore, if you request something to be fixed or done in the property either before you move in or whhen you have moved in, get it in writing and stating a completion date - otherwise it is not likely to be done as quickly as you hoped (if at all).

I've seen a lot of mention about part 4 lease agreements or something along those lines but they only seem to apply when you've already been a tenant for 6 months?

A tenant only acquires Part 4 rights once they have been in continuous occupation of a dwelling for 6 months. Therefore a six month agreement will not fulfil this requirement as a six month agreement lasts six months less a day. Part 4 rights are denied if the tenant has been issued with a Notice of Termination during the first six months of a tenancy. Part 4 rights give the tenant the right to remain in a dwelling at the end of a lease and to have the type of lease they want -
A Fixed Term lease (the most secure but more difficult to get out of),
A Part 4 lease (less secure than a fixed term lease but easy to leave with the require notice period (for a tenant giving notice a maximum of 56 days, a landlord maximum 112 days)
A Periodic lease (usually on a monthly basis) is automatically renewed at the end of each month and continues indefinitely beyond the initial period until ended by either party. It has a 4 year cycle.

Should I be moving into somewhere with no lease?

Basically, once you are in occupation (the landlord has made an offer for you to occupy and you have taken up occupation and paid rent (you have agreed to accept the landlord's offer) a lease is in place.
Always get a written lease to avoid any doubts as to the terms and conditions of the lease.
IMHO, any landlord not willing to produce a written lease should be avoided for many reasons.

not even wrong

andy85wsm wrote: »

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Under no circumstances. Lack of a written lease is a major warning sign for cowboy landlords.

Whether or not the lease is fixed-term or not is a completely separate matter however. It'll come down to which you want more, the security of a fixed term or the flexibility of being able to move out at any time.