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Tenants rights

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  • 30-12-2014 9:43pm
    #1
    fisher8181
    Registered Users Posts: 194 ✭✭


    I have been living in a house with my wife and child for just less than six months. Signed one year lease.

    I would appreciate some advice on my rights as a tenant.
    Is it correct that I must get at least 28 days notice of termination and there does not need to be a specific reason despite signing a one year lease?
    Is it correct that the landlord can not gain access unannounced and can only enter at a time that suits both of us?

    Not sure if I am entitled to this at less than 6 months?


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    #2
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    If you signed a one year lease you are not 'entitled' to end the lease early unless the lease specifically contains some sort of break clause (most don't).


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    #3
    fisher8181
    Registered Users Posts: 194 ✭✭fisher8181


    Graham wrote: »
    If you signed a one year lease you are not 'entitled' to end the lease early unless the lease specifically contains some sort of break clause (most don't).

    I'm not asking about me ending it early rather the landlord asking us to leave


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    #4
    the world wonders
    Registered Users Posts: 489 ✭✭the world wonders


    fisher8181 wrote: »
    I'm not asking about me ending it early rather the landlord asking us to leave
    Unless your lease has a break clause in it you are entitled to stay put until the year is up, regardless of what the landlord says or what reason he gives.

    Edit: assuming you are not in breach of the terms of the lease, of course.


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    #5
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    fisher8181 wrote: »
    I'm not asking about me ending it early rather the landlord asking us to leave

    Unless the lease has a break clause then the same applies to the landlord, he has no right to terminate the lease early.


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    #6
    Afroshack
    Registered Users Posts: 429 ✭✭Afroshack


    Why are you being asked to leave? Have you breached the terms of your lease?


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    #7
    Mrs OBumble
    Registered Users Posts: 25,743 ✭✭✭✭Mrs OBumble


    fisher8181 wrote: »
    Is it correct that the landlord can not gain access unannounced and can only enter at a time that suits both of us?

    Yes, that is correct.

    This refers: http://www.citizensinformation.ie/en/housing/renting_a_home/tenants_rights_and_obligations.html#lca76f


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    #8
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    Less than 6mths you can be asked to leave without reason.


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    #9
    the world wonders
    Registered Users Posts: 489 ✭✭the world wonders


    handlemaster wrote: »
    Less than 6mths you can be asked to leave without reason.
    Not if you have a 1-year fixed term lease.


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    #10
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    the world wonders wrote: »
    Not if you have a 1-year fixed term lease.

    That doesnt matter as far as I am aware


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    #11
    the world wonders
    Registered Users Posts: 489 ✭✭the world wonders


    handlemaster wrote: »
    That doesnt matter as far as I am aware

    You are wrong. Read the Residential Tenancies Act:
    26.—Nothing in this Part operates to derogate from any rights the tenant enjoys for the time being (by reason of the tenancy concerned) that are more beneficial for the tenant than those created by this Part.
    i.e. the lease can give the tenant additional security of tenure, but it cannot reduce the tenant's security of tenure.


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    #12
    Arbiter of Good Taste
    Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    handlemaster wrote: »
    That doesnt matter as far as I am aware

    Wrong.while a lease cannot deprive a tenant of their statutory rights under the RTA, it can enhance those rights - ergo if they have a fixed term lease they cannot be kicked out in the absence of a breach of the lease.


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    #13
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    Arbiter of Good Taste wrote: »
    Wrong.while a lease cannot deprive a tenant of their statutory rights under the RTA, it can enhance those rights - ergo if they have a fixed term lease they cannot be kicked out in the absence of a breach of the lease.

    Under 6 months . 28 days notice


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    #14
    Arbiter of Good Taste
    Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    handlemaster wrote: »

    Under 6 months . 28 days notice

    Sigh....I'll try again.

    If there is a fixed term lease in place, then neither the landlord nor a tenant can break the term of the lease unless the other party is in breach.

    If you don't believe me, check the PRTB website. It's very clear


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    #15
    drumswan
    Closed Accounts Posts: 2,592 ✭✭✭drumswan


    handlemaster wrote: »

    Under 6 months . 28 days notice

    Jesus H Christ


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    #16
    Beaner1
    Banned (with Prison Access) Posts: 819 ✭✭✭Beaner1


    handlemaster wrote: »

    Under 6 months . 28 days notice

    Why do people bother giving advise if they know so little about the subject. This is renting 101 and a few times a week some know it all is spouting incorrect advice.


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    #17
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    handlemaster wrote: »

    Under 6 months . 28 days notice

    No.

    Fixed term lease. Landlord can only give notice at the end of the tenancy, unless there is a break clause in the lease. A lease is a legally binding contract.

    Op, what has happened that your landlord is trying to evict you? If we know what's going on, we may be able to offer better advice.


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    #18
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    handlemaster- you're mixing up Part IV tenancies- and Fixed term tenancies.
    The information the guys are giving- is accurate- the OP and the Landlord are bound by the terms of the lease- which may or may not have a break clause- or specific conditions which can void the tenancy (think anti-social behaviour etc).

    OP- info on the Citizens Advice Bureau tends to be reasonably balanced, and accurate in the main- use it over and above Threshold, it will be more accurate and less biased.


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