Following on from a 12 month lease, what options are there?

satory

Hi,

I'm currently renting a place in Dublin, which is near the end of its initial 12 month lease.

We have recently received a letter from the landlord that if we want to stay in the place following on from the first lease's expiration, he wants to organise a rent review and a new 12 month lease.

The problem we have is that we don't think we want a 12 month lease, and potentially a 6 month one would suit us more.

Can we be forced into a 12 month lease for the second year, or can we negotiate with the landlord for the 6 month lease?
How likely is that to happen?

Also rent reviews, I guess they vary property to property/landlord to landlord, but what's the general consensus, does rent usually go up, or stay at the same level (Location is South Dublin, so I probably accept that theres no chance of it going down...)

davo10

satory wrote: »

Hi,

I'm currently renting a place in Dublin, which is near the end of its initial 12 month lease.

We have recently received a letter from the landlord that if we want to stay in the place following on from the first lease's expiration, he wants to organise a rent review and a new 12 month lease.

The problem we have is that we don't think we want a 12 month lease, and potentially a 6 month one would suit us more.

Can we be forced into a 12 month lease for the second year, or can we negotiate with the landlord for the 6 month lease?
How likely is that to happen?

Also rent reviews, I guess they vary property to property/landlord to landlord, but what's the general consensus, does rent usually go up, or stay at the same level (Location is South Dublin, so I probably accept that theres no chance of it going down...)

You don't have to sign any new lease, you have Part 4 tenancy rights. Rent can be reviewed after 12 months, it will go up but only to market rate for similar properties in the area. If it goes up, you can either pay it or move out, presuming of course that LL does not bump it above market rate.

satory

Hi thanks for the info so far.

I assume landlord can deny claiming for part 4 tenancy, in favour of a new lease?

davo10

satory wrote: »

Hi thanks for the info so far.

I assume landlord can deny claiming for part 4 tenancy, in favour of a new lease?

No he can't, you are not required to sign a new lease once you have been there for more than 6 months. But you must inform him at least one month before lease ends that you intend to invoke part 4 tenancy rights.

Google "part 4 tenancy", the information is all there.

Eldarion

satory wrote: »

Hi thanks for the info so far.

I assume landlord can deny claiming for part 4 tenancy, in favour of a new lease?

He cannot. Just to counter this though, leases benefit both the tenant and the landlord. There seems to be a worrying and incorrect consensus that leases only benefit Landlords.

It's simply not the case. Under Part IV the Landlord can legally evict you for quite a range of reasons, none of which will be questioned too stringently, should he/she decide to do so.

You can always see if the Landlord is open to a 6 month lease agreement.