Tenancy expiring - Mandatory to renew?

Alzone

Hello all,

My girlfriend and I are living under a Fixed term contract started in June 2011. The end of the lease is supposed to happen at the end of June 2012.

We just received a letter from the agency asking us if we wanted to renew the tenancy.

We would like to move but we would prefer to find something else before giving any notice.

What can happen if we decide not to renew the fixed term contract? Can the landlord/ agency ask us to leave?

Many thanks.


Thomas

Giblet

No, you do not need to renew, as you will be now operating under a Part 4 tenancy (if you were there longer than six months during your fixed lease) and they would have to give you notice terminating the tenancy and only under specific circumstances, they can't just throw you out for no reason. They can increase the rent at this point however, but not by an unreasonable amount. The letting agent is playing a game with his language, they all do this it seems.Tell them you want to continue the tenancy under a Part 4 tenancy.

Alzone

Thank you

odds_on

You should advise the landlord/landlord's agent in writing between 3 months and 1 month prior to the end of the fixed term lease that you wish to avail of your Part 4 rights and remain in the property under a Part 4 tenancy (which it will be if you do not sign a new fixed term lease).

Under a Part 4 tenancy you can vacate the property by giving the appropriate notice (as you will have been in the property for more than 1 year but less than 2 years, 42 days notice required) in writing, without specifying a reason. Thus you may leave more-or-less any time.

As I am sure you are aware, if you sign a new fixed term lease, unless there is a break clause, then your only way out is to assign the lease, but you would have to find the new tenant at your expense. Under the Part 4 lease, there is no such requirement.

Ray Palmer

Giblet wrote: »

No, you do not need to renew, as you will be now operating under a Part 4 tenancy (if you were there longer than six months during your fixed lease) and they would have to give you notice terminating the tenancy and only under specific circumstances, they can't just throw you out for no reason. They can increase the rent at this point however, but not by an unreasonable amount. The letting agent is playing a game with his language, they all do this it seems.Tell them you want to continue the tenancy under a Part 4 tenancy.

The key bit being you have to say you want to got to part 4 tenancy and abide by those terms. Effectively you are saying you want to stay for a long period by asking for it.
Why not actually tell them the truth as you will have to give a months notice if you go part 4

djmcr

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. Any tenancy, therefore, that has lasted more than 6 months is a 'Part 4 tenancy' or a 'further Part 4 tenancy'. After 4 years of your tenancy has passed, a new tenancy starts. The same 4-year cycle can begin again, leading to a further Part 4 tenancy.

If you do not notify your landlord you cannot be refused coverage under Part 4 but you may have to compensate the landlord for any financial loss she/he has incurred because you did not notify him/her of your intention to remain in the tenancy

All info available at this site http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

djimi

djmcr wrote: »

you may have to compensate the landlord for any financial loss she/he has incurred because you did not notify him/her of your intention to remain in the tenancy

Im not really sure what you mean by this tbh? What financial loss could they incur from your staying in the property on a part 4?

djmcr

djimi wrote: »

Im not really sure what you mean by this tbh? What financial loss could they incur from your staying in the property on a part 4?

Possibly cost of advertisements if they had advertised the property looking for new tenants because they hadn't got notice of tenants staying on. Those are not my words, they are from the citizens information website.

djimi

djmcr wrote: »

Possibly cost of advertisements if they had advertised the property looking for new tenants because they hadn't got notice of tenants staying on. Those are not my words, they are from the citizens information website.

Im surprised at that tbh. The onus should be on the landlord to ask if you are staying before they spend money to advertise the place; they shouldnt assume that you will be leaving. You are still in tenancy even at the end of a fixed term lease and they have no business advertising the place unless you have indicated that you are leaving. I would imagine any costs they incur from this would be their own problem.