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Part 4 tenancy question

  • 26-08-2013 6:09pm
    #1
    Registered Users, Registered Users 2 Posts: 2,818 ✭✭✭


    Hi guys,

    I've been in my flat for 16 months, moved onto a part 4 tenancy by mutual agreement 4 months ago.

    Question is this - with the part 4 tenancy being 4 months long, is our notice period still 4 weeks if we want to vacate, or is it 6 weeks, reflective of the entire time I've been there?

    Thanks in advance!


Comments

  • Registered Users, Registered Users 2 Posts: 489 ✭✭the world wonders


    Vorsprung wrote: »
    I've been in my flat for 16 months, moved onto a part 4 tenancy by mutual agreement 4 months ago.
    This is incorrect. You have automatically had a part 4 tenancy since six months after you moved in, regardless of any fixed term lease:
    28.—(1) Where a person has, under a tenancy, been in occupation of a dwelling for a continuous period of 6 months then, if the condition specified in subsection (3) is satisfied, the following protection applies for the benefit of that person.
    ...
    29.—A tenancy continued in being by section 28 shall be known, and is in this Act referred to, as a ‘‘Part 4 tenancy’’.
    Question is this - with the part 4 tenancy being 4 months long, is our notice period still 4 weeks if we want to vacate, or is it 6 weeks, reflective of the entire time I've been there?
    Six weeks. Rental market is pretty strong at the moment so you may be able to negotiate a shorter time with your landlord as they should have no problems reletting it.


  • Registered Users, Registered Users 2 Posts: 2,818 ✭✭✭Vorsprung


    Fair play, thanks.


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