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What Happens When The Lease Ends?

  • 05-06-2013 8:01pm
    #1
    Closed Accounts Posts: 2,894 ✭✭✭


    I've been hearing different things from different people; I was hoping someone could set me straight.

    I have a one year lease that ends in July. I haven't heard from/spoke to the landlord....what will happen in July?

    Do I need to move out if I haven't renewed my lease?
    Can the landlord change the price?
    If neither of us do anything, does the lease 'renew' (and I can't move out against until next July) - or does the lease end and I can just move out whenever?

    I'll ring the landlord as he's a nice enough fellow but I'd rather make a fool of myself online than on the phone.


Comments

  • Closed Accounts Posts: 16,096 ✭✭✭✭the groutch


    unless a new fixed term lease is agreed before then, it would become a "rolling contract", which either of you could break with the legally required notice.


  • Registered Users, Registered Users 2 Posts: 2,072 ✭✭✭sunnysoutheast


    UCDVet wrote: »
    I've been hearing different things from different people; I was hoping someone could set me straight.

    I have a one year lease that ends in July. I haven't heard from/spoke to the landlord....what will happen in July?

    Do I need to move out if I haven't renewed my lease?
    Can the landlord change the price?
    If neither of us do anything, does the lease 'renew' (and I can't move out against until next July) - or does the lease end and I can just move out whenever?

    I'll ring the landlord as he's a nice enough fellow but I'd rather make a fool of myself online than on the phone.

    As your tenancy has gone over six months you now have a part 4 tenancy. If you search online you will see what this means for notice periods and tenure.

    Strictly speaking, because you never informed your landlord that you intended to stay at the end of the fixed-term, he/she may be entitled to claim incurred expenses although practically this would be limited to re-letting costs or, in extreme circumstances, their costs for alternative accommodation if they planned to move back in. From the limited information posted, however, this seems extremely unlikely.

    The landlord can request a rent review every 12 months which you can contest via the PRTB if you wish.

    There is no obligation on either party to offer or sign a new fixed-term lease.


  • Registered Users, Registered Users 2 Posts: 78,574 ✭✭✭✭Victor


    Have a chat with the landlord to see what their intentions are. Assuming you want to stay, ask for €50/100 off the rent. See what they say. Agree something. If you are likely to get a rent reduction, mention any maintenance issues after you agree the rent amount. If the landlord is being insistent in looking for an increase, make sure you mention any maintenance issues before you agree the rent amount. :)
    Strictly speaking, because you never informed your landlord that you intended to stay at the end of the fixed-term, he/she may be entitled to claim incurred expenses although practically this would be limited to re-letting costs or, in extreme circumstances, their costs for alternative accommodation if they planned to move back in. From the limited information posted, however, this seems extremely unlikely.
    This would only matter if the tenant does nothing for the next two months. If they act now, there should be no problem.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Victor wrote: »
    This would only matter if the tenant does nothing for the next two months. If they act now, there should be no problem.

    Technically you are supposed to inform your landlord of your intention to remain on a part 4 between 3 and 1 month in advance of the end of the fixed term lease. The OP would want to do this soon.


  • Registered Users, Registered Users 2 Posts: 2,072 ✭✭✭sunnysoutheast


    Victor wrote: »
    This would only matter if the tenant does nothing for the next two months. If they act now, there should be no problem.

    ...yes, I thought it was July already!


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