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Apartment contract question?

  • 29-07-2014 2:05pm
    #1
    Registered Users, Registered Users 2 Posts: 98 ✭✭


    Hi all,

    I have been living in my current apartment for the last 6 years. I signed a contract in the first year and have not signed a contract for the remaining 5 years.
    I will be leaving this accommodation in September so have given my months notice.
    What i would like to know is when i go to get my deposit back can the letting agency call on the terms in the contract that was signed in the first year.

    Any help will be greatly appreciated.


Comments

  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    What terms are you referring to? You're effectively on a second part 4 tenancy and your notice period is 8 weeks not a month. Your deposit will be returned minus any damage/loss which may have occured (not including normal wear and tear)


  • Registered Users, Registered Users 2 Posts: 98 ✭✭thelad84


    No terms in particular. Just asking about the contract. Should tenants not sign a contract for each year they are are living at a property? Should that original contract be null and void?


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    thelad84 wrote: »
    No terms in particular. Just asking about the contract. Should tenants not sign a contract for each year they are are living at a property? Should that original contract be null and void?

    A part 4 tenancy gives you additional rights under law to security of tenure in 4-year cycles. The clauses of the lease you originally signed are still effective under the part 4 tenancy besides those in contradiction with the rights afforded by the part 4. You do not need to sign another lease for the part 4 to be applied.


  • Registered Users, Registered Users 2 Posts: 98 ✭✭thelad84


    Ok thank you for clearing that up for me just wanted to know were i stand. Do you know where i can get more information on this please?


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    thelad84 wrote: »
    Ok thank you for clearing that up for me just wanted to know were i stand. Do you know where i can get more information on this please?

    Here you go
    http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html
    The other sections are worth reading too.


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  • Registered Users, Registered Users 2 Posts: 98 ✭✭thelad84


    Thank you again.


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    thelad84 wrote: »
    Thank you again.

    It sounds like you won't have a problem if you've lived there for 6 years. The landlord must be happy with you or would have tried to get rid of you. If you do run into issues with the deposit or anything, there's plenty of people here who will advise you on your next steps or who to talk to.


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