Renewing contract/Part IV tenancy

Tar.Aldarion

We have been renting an apartment for a year, the lease will be up the end of next month. We were sent a letter by the agents about renewing the contract..

'Tenancy renewal documents will be issued to your property, which will extend the duration of your current tenancy.'

What is the deal with this? Should we sign that, we may not want to live here another year or another 6 months but for the moment we do, we don't know if circumstances will change and would like to be able to give a months notice or however long is necessary. Did they not enter into a part IV tenancy after 6 months and we do not have to sign anything? What are our options?
Could asking for the ability to end with an agreed amount of notice?

Chris_5339762

They are trying to get you into another fixed term probably because thats the way they want to do it or they dont know / dont want to know about Part IV.

Tell them in writing that you're going to exercise your Part IV rights and will give appropriate notice if/as required.

If you go down this route, just be aware that your notice period increases depending on how long you've been there.

Tar.Aldarion

Chris_5339762 wrote: »

They are trying to get you into another fixed term probably because thats the way they want to do it or they dont know / dont want to know about Part IV.

Tell them in writing that you're going to exercise your Part IV rights and will give appropriate notice if/as required.

Email suffice? Think I might send that, i found an example letter on citizensinformation.ie

Do any places have a problem with this?

Karsini wrote: »

If you go down this route, just be aware that your notice period increases depending on how long you've been there.

Yup here are the figures:

Length of tenancy Notice by landlord
Less than 6 months 4 weeks (28 days)
6 months to 1 year 5 weeks (35 days)
1 – 2 years 6 weeks (42 days)
2 – 3 years 8 weeks (56 days)
3 – 4 years 12 weeks (84 days)
4 years or more 16 weeks (112 days)

Tar.Aldarion

Tar.Aldarion wrote: »

Yup here are the figures:

Length of tenancy Notice by landlord
Less than 6 months 4 weeks (28 days)
6 months to 1 year 5 weeks (35 days)
1 – 2 years 6 weeks (42 days)
2 – 3 years 8 weeks (56 days)
3 – 4 years 12 weeks (84 days)
4 years or more 16 weeks (112 days)

That's right. I got stung with this before so I always make sure to say it.

xper

Tar.Aldarion wrote: »

Email suffice? Think I might send that, i found an example letter on citizensinformation.ie

Strictly speaking, for this purpose I am not sure but I do know that email does not suffice for other notifications regarding tenancy such as notice to vacate. So a posted letter is the safe bet.

That said giving such notification is not required in order to benefit from a Part IV tenancy. In fact, you are already automatically in one as you have been there more than six months. The notification is only required to avoid being liable for any costs the agent/landlord incurs and can otherwise lawfully claim from you if they assume you are leaving at the end of your fixed term (primarily advertising costs).

Do any places have a problem with this?

From the frequency with which the topic comes up on this forum it appears that some landlords and letting agencies do "have a problem with this". The may be ignorant of the law or may even be willing to lie and bully to try to get their way. However, the Residential Tenancies Act 2004 is crystal clear that they have absolutely no say in the matter. A Part IV tenancy kicks in automatically after six months in the premises. The agent/landlord cannot nullify this.


In yor case, if you might realistically wish to move out in the next year, then availing of just your Part IV tenancy and not signing a new fixed term lease is probably the right course of action. They might splutter all sorts of nonsense at you but they'd be wrong.

xper

Tar.Aldarion wrote: »

Yup here are the figures:

Length of tenancy Notice by landlord
Less than 6 months 4 weeks (28 days)
6 months to 1 year 5 weeks (35 days)
1 – 2 years 6 weeks (42 days)
2 – 3 years 8 weeks (56 days)
3 – 4 years 12 weeks (84 days)
4 years or more 16 weeks (112 days)

Oh and just be aware that it works the other way too. If you do move out in your second year, you'll be legally obliged to give 42 days notice to your agent.

However, the length of a notice from Tenant to Landlord never increases above 56 days (in the third year and after).

odds_on

xper wrote: »

Strictly speaking, for this purpose I am not sure but I do know that email does not suffice for other notifications regarding tenancy such as notice to vacate. So a posted letter is the safe bet.

That said giving such notification is not required in order to benefit from a Part IV tenancy. In fact, you are already automatically in one as you have been there more than six months. The notification is only required to avoid being liable for any costs the agent/landlord incurs and can otherwise lawfully claim from you if they assume you are leaving at the end of your fixed term (primarily advertising costs).


From the frequency with which the topic comes up on this forum it appears that some landlords and letting agencies do "have a problem with this". The may be ignorant of the law or may even be willing to lie and bully to try to get their way. However, the Residential Tenancies Act 2004 is crystal clear that they have absolutely no say in the matter. A Part IV tenancy kicks in automatically after six months in the premises. The agent/landlord cannot nullify this.


In yor case, if you might realistically wish to move out in the next year, then availing of just your Part IV tenancy and not signing a new fixed term lease is probably the right course of action. They might splutter all sorts of nonsense at you but they'd be wrong.

Good post from xper.



[FONT=Times New Roman, serif]The tenant should advise the landlord accordingly, between 3 months and 1 month prior to the end of the fixed term lease. The tenant has the option of signing a new Fixed Term lease, being the most secure type of lease, or of using his Part 4 rights, to claim a Part 4 tenancy. Although failure to request a Part 4 lease does not exempt the tenant from the lease, he may have to pay any expenses incurred by the landlord who may have re-advertised the property. [/FONT]

The OP should also consider the pros and cons of a fixed term as against a Part 4 tenancy.

Fixed Term - security of tenure - lease can be assigned if tenant wants to leave before end of lease but tenant bears the cost and problem of finding tenant.

Part 4 tenancy allows the landlord to evict the tenant under any one of six grounds, the two most common being the landlord wants the property for his own use or the landlord intends to sell the property.
The great advantage for the tenant is that if he wishes to vacate, he only has to give the appropriate notice in writing and he can leave.

Any correspondence should be in writing (preceded by emails or phone calls if wished); a copy should be kept by the tenant.

gaius c

Tar.Aldarion wrote: »

Email suffice? Think I might send that, i found an example letter on citizensinformation.ie

Do any places have a problem with this?



Yup here are the figures:

Length of tenancy Notice by landlord
Less than 6 months 4 weeks (28 days)
6 months to 1 year 5 weeks (35 days)
1 – 2 years 6 weeks (42 days)
2 – 3 years 8 weeks (56 days)
3 – 4 years 12 weeks (84 days)
4 years or more 16 weeks (112 days)

No put it in writing and send by registered post.

Also, don't be surprised if the letting agent tries to bully you into signing a new 12 month lease anyway. We had to report ours to the PRTB for harassment a few years back.

Also, our current landlord hadn't a clue what a part 4 tenancy was and thought we were trying to con him.

Let us know if you have any hassle with this.