Lease ended, staying on?

Slunk

Hi, just looking for some advice. Our 12 month lease was up yesterday and we are looking to stay a little while longer as we are currently looking to buy. I was speaking with the landlord and she says I have to sign another lease and when I leave I replace the tenants and they take over my lease. I will be liable for paying the new tenants Ptrb charges which are approximately 90 euro. Apparently I'm not covered if I have no lease. Covered for what exactly? I just want to keep paying my rent but not sign for a set period of time as I don't know how soon or how long ill be out of here. Obviously I'm am not going to leave her high and dry, I will give the required notice but this seems sneaky on their part. She is not known for her honesty and integrity to be fair. So, having a year under my belt can I continue to rent without signing another lease so long as I give the 42 days notice?

TimeToShine

Don't sign another lease whatever you do.

At the risk of sounding shady your best bet here is to delay and prevaricate as much as possible while you look. Tell the LL you will pay him/her a months rent in advance. Explain to her that it would be lost revenue otherwise - she could be earning money while she searches for a new tenant. You could potentially agree to viewings of the house while you live there. As for the "42 days notice" - not valid AFAIK because your lease is finished.

Short of that, and this is off the record, there's not much she can do short of changing the locks so make your offer and sit tight.

L1011

You're not "not covered" for anything - landlord doesn't understand Part 4 tenancies.

Slunk

Well I've paid another month in advance yesterday as the DD automatically went through. I thought it was a load of bollix myself. She was saying something like not covered insurance-wise with no lease yet I was told to take out myown insurance when imoved in.
Only thin is I don't want it getting messy cause I know she will be a cnut about the deposit. Place is exactly the same as I moved in apart from some wear on a cheap 'leather' sofa.

L1011

Slunk wrote: »

Well I've paid another month in advance yesterday as the DD automatically went through. I thought it was a load of bollix myself. She was saying something like not covered insurance-wise with no lease yet I was told to take out myown insurance when imoved in.

And it is a load of bollix. Some landlords are so used to people moving on every year that they assume you must have a lease for each period.

polks

I'm open to correction, but I thought that if you wanted to exercise your Part 4 rights, you had to notify the landlord 1-3 months before your initial lease expires. If you don't, the landlord assumes your leaving after 12 months.

the world wonders

polks wrote: »

I'm open to correction, but I thought that if you wanted to exercise your Part 4 rights, you had to notify the landlord 1-3 months before your initial lease expires.

Not quite. Even if you say nothing whatsoever to the landlord, you are still entitled to Part 4 protection. However, if you do not notify the landlord of your intention to stay on under Part 4, you may be liable for any costs the landlord incurred on the assumption you were moving out (e.g. readvertising the place).

Slunk wrote:

I was speaking with the landlord and she says I have to sign another lease

You are under no obligation whatsoever to sign another fixed term lease. In fact, you should definitely not sign a new fixed term lease if you intend to move out soon.

I will be liable for paying the new tenants Ptrb charges which are approximately 90 euro.

PRTB registration fees are her problem, not yours.

She was saying something like not covered insurance-wise with no lease

Insurance coverage is her problem, not yours.

odds_on

Quote:

I will be liable for paying the new tenants Ptrb charges which are approximately 90 euro.

When a tenant moves from a fixed term tenancy to a Part 4 tenancy, it is still the same tenancy and no further registration is required.

Slunk

Well it isn't advertised as she said its up to me to find new tenants to take over my lease, (which is expired as of 30th June, so there's no lease to take over) and I pay to register the new tenants I've found,so long as they pass her criteria. Basically she wants me to do her job.
Just read up on the part 4 tenancy. I'm going to give her letter of notifaction that we intend to stay and hopefully she accepts. That should cover us then? And we will be required to give her to notice of 42 days?

shruikan2553

Say you want to take Part 4 tenancy. You then just give notice of when you want to leave (amount of days depends on how long you have been there).

New tenants after that are up to the LL to sort out. All you need to do is give notice and leave the place clean Take lots of photos before you go as she will probably try to keep the deposit.

Downside is she can increase your rent once every 12 months without a lease but if you signed one you would have to find a new tenant for the remainder.

foggy_lad

Slunk wrote: »

Well it isn't advertised as she said its up to me to find new tenants to take over my lease, (which is expired as of 30th June, so there's no lease to take over) and I pay to register the new tenants I've found,so long as they pass her criteria. Basically she wants me to do her job.
Just read up on the part 4 tenancy. I'm going to give her letter of notifaction that we intend to stay and hopefully she accepts. That should cover us then? And we will be required to give her to notice of 42 days?

She has no choice but to accept! It is the law.

Turkish1

the world wonders wrote: »

Not quite. Even if you say nothing whatsoever to the landlord, you are still entitled to Part 4 protection. However, if you do not notify the landlord of your intention to stay on under Part 4, you may be liable for any costs the landlord incurred on the assumption you were moving out (e.g. readvertising the place).You are under no obligation whatsoever to sign another fixed term lease. In fact, you should definitely not sign a new fixed term lease if you intend to move out soon.PRTB registration fees are her problem, not yours.Insurance coverage is her problem, not yours.

Sorry to highjack the thread. Is this definately the case? I was of the opinion that notification was required. I ask as my lease is up at the end of the year, we are currently approx €400-€500pm under market rent and we never contact the agent (met once and emailed once in 7 months). We intend staying but by giving notification we are drawing attention to ourselves which is the last thing I want.

Victor

polks wrote: »

I'm open to correction, but I thought that if you wanted to exercise your Part 4 rights, you had to notify the landlord 1-3 months before your initial lease expires. If you don't, the landlord assumes your leaving after 12 months.

Doesn't really matter as the landlord has just taken this months rent.