Leases; confused

Graces7

Good morning.

Getting confused re leases, ie mentions of a Part 4 leased as opposed to a fixed term.

We had a year's lease when we came here, which ended August 2011. Mentioned to the agent that this was so and he asked did we want a lease. We said yes but never any reply.

Given the total lack of any communications - see thread on electric fence issue- we need to be sure what we are at.

Thank you!

edellc

Grace since you asked for a lease but it has not been provided to you by the agent then I would say you are now on a part 4 tenancy agreement

Graces7

edellc wrote: »

Grace since you asked for a lease but it has not been provided to you by the agent then I would say you are now on a part 4 tenancy agreement

OK: so what does that mean? Just cancelled the rent order for next month and posted the letter to the agent :rolleyes:

It will be paid as per usual in July.

I dont think for a minute he will evict us as the house needs work etc and he would not get anyone else here. The agent was great to find it for us when things went so badly awry up north.

Life is interesting!

Thank you...

edellc

Hey Grace,

this is what i found on the citizens information website scroll down a bit

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

Part 4 tenancies
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.

When you have acquired a Part 4 tenancy your landlord can terminate your tenancy only in certain circumstances. Read more about if your landlord wants you to leave here. If you want to leave during your Part 4 tenancy and you do not have a fixed-term agreement, you do not have to give a reason but you must give the correct period of notice in writing as required under the Act. (See 'Rules' below).

Claiming a Part 4 tenancy at the end of a lease
If you have a fixed-term contract or lease (for example of 1 year) and you wish to remain in the property under the rights acquired under Part 4, you must notify your landlord of your intention to stay in the property between 3 months and 1 month before the expiry of your fixed–term tenancy or lease agreement. You can use this sample letter of notification to remain in the property under Part 4.

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.

Claiming a Part 4 tenancy during a periodic tenancy
If you are in a periodic tenancy (renting without a lease or a contract) you also have automatic security of tenure under Part 4 of the Residential Tenancies Act 2004 but you don’t have to notify your landlord of your intention to remain in the property for up to 4 years.

Graces7

OK! Thanks

We did remind the agent that the lease had expired when we started getting strange emails last year; he asked if we wanted a lease and we said yes but we never heard any more and in this case with this LL it seemed better to let it lie. So we are faily safe; this house was in some land the LL bought uo when the last family died out, Thus he does not need it for any family members as they have all built fine new houses and still have their old ones anyways. It needs a lot of work to be at their standards anyways so we are sitting steady here. The large area of garden he cleared when we held him to a rash promise makes us for a lot of other faults.

Badhb

Graces7, regardless if you have a fixed term lease or not, after 6 months you automatically become a Part 4.

No landlord nor estate agent can force you to take on a lease once the initial lease expires.

There really is no need as a tenant to look for a fixed term lease.
Your minimum statutory obligations and rights as a tenant are laid down as a part 4 tenant under the residential tenancies act 2004.
Only under certain terms can a landlord serve you a notice of termination, whereas a tenant need not give a reason, as long as you serve the required time of notice.

Graces7

Badhb wrote: »

Graces7, regardless if you have a fixed term lease or not, after 6 months you automatically become a Part 4.

No landlord nor estate agent can force you to take on a lease once the initial lease expires.

There really is no need as a tenant to look for a fixed term lease.
Your minimum statutory obligations and rights as a tenant are laid down as a part 4 tenant under the residential tenancies act 2004.
Only under certain terms can a landlord serve you a notice of termination, whereas a tenant need not give a reason, as long as you serve the required time of notice.

Thanks all of you.. we had a series of bad houses and bad landlords and it leaves an insecurity.