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Part 4 Tenancy Question

  • 03-09-2014 12:47pm
    #1
    ec18
    Registered Users, Registered Users 2 Posts: 2,751 ✭✭✭


    Hi,

    Just a quick few questions about part 4 tenancy. I've been renting an apartment since Dec 2012. As part of this I have signed 2 X 1 Year Leases. Am i correct that this constitutes a part 4 tenancy and that I can leave with no penalties (deposit withheld) as long as I give the required period of notice?

    And does the length of notice start from the first least signed or the latest extension signed?

    EC


Comments

  • #2
    The_Morrigan
    Registered Users, Registered Users 2 Posts: 9,368 ✭✭✭The_Morrigan


    ec18 wrote: »
    Hi,

    Just a quick few questions about part 4 tenancy. I've been renting an apartment since Dec 2012. As part of this I have signed 2 X 1 Year Leases. Am i correct that this constitutes a part 4 tenancy and that I can leave with no penalties (deposit withheld) as long as I give the required period of notice?

    And does the length of notice start from the first least signed or the latest extension signed?

    EC

    If you wished to rely on a part IV tenancy after your first lease expired you shouldn't have signed the second lease - you are bound by the fixed term of that.


  • #3
    ec18
    Registered Users, Registered Users 2 Posts: 2,751 ✭✭✭ec18


    The_Morrigan wrote: »
    If you wished to rely on a part IV tenancy after your first lease expired you shouldn't have signed the second lease - you are bound by the fixed term of that.

    Ah I had a suspicion that might be the case. Thanks for the reply.


  • #4
    Tar.Aldarion
    Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 60,110 Mod ✭✭✭✭Tar.Aldarion


    How do they raise the rent without another contract, just write to you and it comes into force?
    What if they wnt you to sign a contract and you won't, not leave to kick you out I take it?


  • #5
    The_Morrigan
    Registered Users, Registered Users 2 Posts: 9,368 ✭✭✭The_Morrigan


    Tar.Aldarion wrote: »
    How do they raise the rent without another contract, just write to you and it comes into force?
    What if they wnt you to sign a contract and you won't, not leave to kick you out I take it?

    You can agree to an rent increase without renewing or entering into another lease, the increase must be notified in writing 28 days in advance.
    The tenant then either accepts it and amends their payment details;
    disputes it via the PRTB; or
    decides to move out and must give notice.

    This notion of being made to sign a new lease is just a tactic by EA's to get another fee from the landlord for 'admin'.


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