Landlord wants new lease and I don't - what to do?

bigtoe

I have been renting for almost 3 years. I had a 6 months lease which expired and we never renewed. The landlord is now looking for me to sign a new lease along with a rent increase which I don't want. I have 3 questions:
1) if I decide to leave, do I have to give 56 days notice?
2) 56 days from now is 10 August. Given that I pay rent near the end of every month, does that mean that I have to pay for most of August?
3) if I refuse to sign a new lease, what happens?

Thanks in advance for your advice.

odds_on

bigtoe wrote: »

I have been renting for almost 3 years. I had a 6 months lease which expired and we never renewed. The landlord is now looking for me to sign a new lease along with a rent increase which I don't want. I have 3 questions:
1) if I decide to leave, do I have to give 56 days notice?
2) 56 days from now is 10 August. Given that I pay rent near the end of every month, does that mean that I have to pay for most of August?
3) if I refuse to sign a new lease, what happens?

Thanks in advance for your advice.

After you have been in the property for six months, you automatically acquire a Part 4 lease or tenancy which lasts for a total of 4 years without the necessity of signing a new lease. However, it is less secure than a fixed term lease as the landlord could evict you if he wanted the property for his own use or if he intends to sell the property (plus a few other less common reasons). Basically, with a fixed term lease he can only evict you for breach of the terms and conditions of the lease.

1) as you now have a Part 4 lease, you are required to give 56 days written notice.
2) in principle, you should be refunded for the time in excess of the termination date that you have prepaid.
3) The landlord cannot force you to sign a new fixed term lease - if you don't, you just continue on the basic Part 4 lease until the end of 4 years when you should sign a "further Part 4" lease or if you wish, a new fixed term lease.

athtrasna

Check out this page http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

By not giving you a new lease at the end of 6 months you now have a Part IV tenancy which means you don't need to sign a new lease until you've been in the property for 4 years with very limited exceptions.

matrim

Is the problem the lease or the rent increase? If the landlord asked for a lease at the same rent would you have a problem?

AFAIK the landlord (or yourself) has a right to try and change the a rent once a year but it has to be in line with other rents in the area i.e. they cannot ask for a 1000 increase on a 500 room to try and get you to leave.

Pawwed Rig

I would pay pro rata up to your date of termination of the lease. There is no reason to pay for the full month of August if you will not be there for it. You are under no obligation to sign a new lease.

djimi

The landlord is entitled to review your rent once a year as part of a part 4 tenancy, and can increase it provided it doesnt rise about "rental market rates" (basically so long as it is withing reason in line with other similar properties in the area). You dont have to sign a new lease if you do not want to, but as far as I can tell if you do not agree to the new rent then your tenancy can be terminated.

bigtoe

Thanks for your replies.
I was under the impression that in order to get part 4 tenancy rights, you had to notify the landlord in writing or do you get the rights regardless?

I would say that the rent increase is probably in line (or slightly above) the area and type of accommodation. However, I can't afford the proposed rent which means that the landlord will give me 56 days notice to move. If I find somewhere before then, do I get pro-rated rent back?


Its like a minefield.

Pawwed Rig

bigtoe wrote: »

Thanks for your replies.
I was under the impression that in order to get part 4 tenancy rights, you had to notify the landlord in writing or do you get the rights regardless?

I would say that the rent increase is probably in line (or slightly above) the area and type of accommodation. However, I can't afford the proposed rent which means that the landlord will give me 56 days notice to move. If I find somewhere before then, do I get pro-rated rent back?


Its like a minefield.

Technically you do need to inform the landlord when you intent to be a part 4 tenant. However, the only consequences would be that you should repay any costs the landlord incurred by your failure to inform him (ie the price of an add). You are still entitled to the part 4 even if you don't inform him.

Part 4 is not relevant in this case anyway as your query seems to be more about the notice period and rent rise. If the rent rise is justified in line with the market then he is within his rights to ask for it. Have you tried negotiating with him? I know I would not ask a long term tenant to leave for the sake of a few euros per month (unless you are currently paying significantly below market).

The notice period is the notice period. You are liable to pay rent until the day of the end of the lease. You can agree with the landlord to leave earlier if he consents. If he can get someone in quicker and you want to leave sooner that needs to be said. Otherwise you are bound by the legislation.

You can appeal the rent increase to the PRTB if you feel it is unfair - be warned though they are a very inefficient organisation to deal with and can drag things along needlessy for months (years)

odds_on

bigtoe wrote: »

Thanks for your replies.
I was under the impression that in order to get part 4 tenancy rights, you had to notify the landlord in writing or do you get the rights regardless?

I would say that the rent increase is probably in line (or slightly above) the area and type of accommodation. However, I can't afford the proposed rent which means that the landlord will give me 56 days notice to move. If I find somewhere before then, do I get pro-rated rent back?


Its like a minefield.

After you have had a fixed term lease for six months, you gain Part 4 rights, not a Part 4 lease, until the expiry of the fixed term lease. In part, that is to say that you have the right to remain in the property for 4 years without signing a new lease.

However, when you enter a Part 4 tenancy (at the end of a fixed term lease) you only have minimum rights and a landlord can evict you under certain grounds - three of which are if he wants the property for himself or a close relative, if he wants to sell the property or the tenant is in breach of the terms and conditions of the lease (e.g. rent arrears, anti-social behaviour, damage to the property causing financial loss to the landlord, etc).

With a Fixed term lease, the landlord cannot evict you unless you have breached the terms and conditions of the lease or there is a break clause in the lease; therefore you are more secure with a fixed term lease, but to retain that security you need to have a fixed term lease.

Rent is usually negotiable/negotiated once a year, at renewal time of the lease. If you do not agree with the new rent, you have two main options:
1. find a new property
2. make a claim with the PRTB that the new rent would be unreasonable and not similar to other properties (i.e. market value) in the area. However, don't hold your breath for a reply from the PRTB.

Obviously, rent is usually negotiable with the landlord and the fact that you, as a good tenant having paid your rent on time for nearly three years, would be in your favour. If the landlord wants a higher rent, IMHO, he will have to redecorate the property before a new tenant moves in (especially at a higher rent) and he will therefore have a void period with no rent. However, you may be quite happy to remain at the current rent without redecoration, thus no void period. Again, if you do decide to find a new place, you have the right to refuse viewings at any time before you leave (though the landlord may not give you a reference for preventing viewings!)

sligoface

you've said you can't afford the increase so you pretty much have to move regardless don't you?

i would just tell him that you can't afford the increase and say that you are giving notice that you are moving out. he may or may not know the notice period required. a lot of landlords don't know anything about part 4 or anything and just assume that notice is like thirty days. if he wants to hold you to the 56 days and you find somewhere else before he may try and keep your deposit. if he's a nice landlord he might just let you go once you find your new place.

just spoke to a solicitor recently and he said a lot of landlords are trying to lock people in to high rents for longer periods as the mortgages are not going down but rents are. it only benefits them in keeping their property.

the balls mostly in your court. when things like this happen you should just move, if you've been a good tenant they would be stupid to lose you it is not easy to get people who pay on time and look after the place.

Gin77

Bloody landlords eh

JustAThought

Rgardless of part 4 status or otherwise ; all he has to do to void it us to say he is using it for family reasons/self so don't rely on that; unfortunately. Your best bet is to talk to him. Is he trying to out it up much? Is it significantly below current Market values? Do you really like it or can you get almost the same elsewhere ? Is it worth much agro to you to stay or is it all the same to you so long as you can stay in the area/ similar house?

As the other poster has suggested try to negotiate; if you be been a nice easy reliable tenant maybe he will want you to stay & be ok to negotiate.
Maybe he can rake his new price down a bit cos of your reliability, alll the hassle for him if cleaning & advertising & showing the place; setting up new direct debits/reference checks/ dealing with the bin/gas/LX company etc.
Ask him! He might seriously not want the hassle or have thought it through! Maybe there is something you can do as a trade off; cut the grass/clear bushes/clear out garage etc.

When you add up the cost of the increase can you manage it or is it not worth it? How does it trade off with taking days off work to look for another or moving costs ? Maybe if the jump is too much & the new cost will crucify you it's better to look now before students start looking & Hoover up all the other good cheap places .

Sorry for your troubles :< not good

odds_on

JustAThought wrote: »

Rgardless of part 4 status or otherwise ; all he has to do to void it us to say he is using it for family reasons/self so don't rely on that; unfortunately. ............

Sorry for your troubles :< not good

In a Notice of Termination of a Part 4 tenancy (obviously, it cannot apply to a fixed term lease) where the landlord requires the property for his own/family use, the NoT must state (among other requirements):
- the person who will occupy the property and their relationship to the landlord.
- that should the property become available for rent again within 6 months of the date of termination then the tenant has the option of returning to the property if he so desires,
- provided that the tenant has furnished the landlord with his current address.

Failure by the landlord to adhere to the terms of the NoT would render him liable to a hefty fine if the tenant brought a case to the PRTB.