Advice on tenancy agreement

IpreDictDeatH

Just wondering if anybody can give me some advice before i contact agent on this matter. I have been in my apartment for three years, just about to sign for fourth year. Last two years we asked for and got a 6 month break clause. We asked for same again and agent said fine. We have since been sent papers to sign for a part four tenancy. I have no knowledge of this type of tenancy and am unsure why they have chosen it as opposed to our usual break clause.

Does anyone have an experience in this area? Any advice would greatly appreciated.

foggy_lad

IpreDictDeatH wrote: »

Just wondering if anybody can give me some advice before i contact agent on this matter. I have been in my apartment for three years, just about to sign for fourth year. Last two years we asked for and got a 6 month break clause. We asked for same again and agent said fine. We have since been sent papers to sign for a part four tenancy. I have no knowledge of this type of tenancy and am unsure why they have chosen it as opposed to our usual break clause.

Does anyone have an experience in this area? Any advice would greatly appreciated.

You are already on a part4 tenancy once you are in any place for more than 6 months. it gives you security of tenure for a period of 4 years, it also gives you other rights but sometimes a lease may be more beneficial if it includes clauses that suit a tenants wishes or future plans.

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

IpreDictDeatH

I assumed that because we signed a fixed term lease initially that we could not move out until lease was up, thats why we asked for break clause. So if i was in a part 4 since 6 months that means i just had to give relevant notice before moving and could have broken 1 year fixed lease?

foggy_lad

IpreDictDeatH wrote: »

I assumed that because we signed a fixed term lease initially that we could not move out until lease was up, thats why we asked for break clause. So if i was in a part 4 since 6 months that means i just had to give relevant notice before moving and could have broken 1 year fixed lease?

Once you sign a lease you are there for the duration of the lease subject to any break clause, the part4 allows you to give notice depending on how long you have lived there and gives the security of the Landlord not being able to evict you during the part4 term unless the property is required for themselves or a family member or for renovations or if the property is being sold.

IpreDictDeatH

k so it sounds better than our original 6 month break clause agreement. I wasnt sure if agent was up so something sneeky. Thanks for your help.

Eldarion

You do not have to sign anything for Part IV tenancy. It is automatically acquired after 6 months of tenancy.

Part IV is nothing to be afraid of. You can read up on it here: http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

Just note Part IV is nothing to do with your fixed lease agreement, that's something else entirely. When you are signing a fixed lease it is a legally binding document, unless your 6 month break clause is clear and in writing in this lease then it may as well not exist.

I'm not sure how Part IV is coming into this negotiation at all and I'd be worried the agent is attempting to muddy the waters by bringing it up.