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New lease

  • 12-09-2012 9:32pm
    #1
    Registered Users, Registered Users 2 Posts: 196 ✭✭


    Sorry if this has been answered before but a trawl though threads did not answer my specific question.
    I have been renting the same house since 2008, I signed a 1 year lease then and then a subsequent one about 14 months later, again for a year. Nothing since in terms of paperwork but have had inspections to the property in the meantime.
    The agent is now asking me do I want to sign a new lease, the question is do I lose anything by signing a new lease having not had one for a number of years? From what I can see I don't except committing to the agreed rent for a further period but I'm hoping I'm not missing anything. I don't want to move house but if I'm setting something back to day one renting I may as well think about moving


Comments

  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    When you don't sign a new lease at the end of a fixed term lease, you go onto a Part 4 lease.

    The disadvantages of a Part 4 lease is that the landlord can ask you to leave (i.e. evict the tenant) under 6 grounds, two of which are, firstly, if the landlord wants the property for his own use or that of a close relative and secondly, if he intends to sell the property in the next 3 months.
    The advantage of a Part 4 tenancy for a tenant is that he may leave (vacate) at any time without reason by giving the appropriate amount of written notice and without having to find a replacement tenant.

    However, at the end of 4 years in a property, (either with a fixed term lease or Part 4 lease) a tenancy becomes a Further Part 4 tenancy, and under Part 4 rights, if the new agreement is a Further Part 4, the landlord is a liberty to evict the tenant without reason during the first six months of a "Further Part 4" tenancy.

    If you sign a new fixed term lease, both you and the landlord are fixed into it for the duration of the lease (usually 1 year). However, a tenant can "get out" of a fixed term lease by assigning the remainder (with the landlord's permission) to a new tenant who is acceptable to the landlord.

    Basically, rent reviews are permissible once a year, usually coming into force at the start of a new lease, but could be mid term (easy with a Part 4 lease, difficult with a fixed term lease).

    The choice is up to the tenant, who must consider his own personal circumstances - is he likely to want to leave during the following year or does he want the relative safety and security of a fixed term lease.


  • Banned (with Prison Access) Posts: 179 ✭✭Gary The Gamer


    You are probably coming up towards the end of your part 4 tenancy which lasts 4 years. You don't need to sign any leases outside of this.


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    Look on Daft.ie to see how much rents are near you. If they're less, try to get a rent reduction.


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