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Have to renew the rent lease as tenant but one clause is bugging me

  • 27-05-2015 2:44pm
    #1
    Registered Users, Registered Users 2 Posts: 19


    I have been in this same house for the last 4 years, never had issue and never caused issue, the house is always kept clean and in order, all rents paid in time and regularly. So all in all I'm a good tenant I would say.

    Now so far I had a fixed term lease agreement with the landlord through an estate agency (i never met the landlord I only deal with the agency representative) with 1yr renewal. Since they are asking for quite a raise on the rent I'm looking at this more closely as I would like to renew while having the time to find a cheaper place but I'm afraid I can't end the lease before term without risking to have to pay everything ... (i.e. if I end the lease in October I'll have to pay all remaining rents until June next year) well at least according to these clause I can read in the document:
    4. This is a legally binding contract. The tenant risks losing his security deposit if he breaks any of its terms. If he leaves the property before the tenancy ends, the landlord may pursue him for the balance of the rent due under this agreement or may sue him for damages.

    I've read about the Part 4 tenancy rights, is that entitled automatically or do I have to do something? would this protect me from the clause above ?

    Any suggestion is appreciated.

    thanks


Comments

  • Registered Users, Registered Users 2 Posts: 6,163 ✭✭✭ZENER


    That's pretty standard fare in all Leases, we use it in ours. I think the word "may" is the important one in that sentence. Give plenty of notice and be co-operative about viewings and you should be ok though I'm not sure about your deposit.

    Ken


  • Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    pingala wrote: »
    I have been in this same house for the last 4 years, never had issue and never caused issue, the house is always kept clean and in order, all rents paid in time and regularly. So all in all I'm a good tenant I would say.

    Now so far I had a fixed term lease agreement with the landlord through an estate agency (i never met the landlord I only deal with the agency representative) with 1yr renewal. Since they are asking for quite a raise on the rent I'm looking at this more closely as I would like to renew while having the time to find a cheaper place but I'm afraid I can't end the lease before term without risking to have to pay everything ... (i.e. if I end the lease in October I'll have to pay all remaining rents until June next year) well at least according to these clause I can read in the document:



    I've read about the Part 4 tenancy rights, is that entitled automatically or do I have to do something? would this protect me from the clause above ?

    Any suggestion is appreciated.

    thanks

    Part 4 applies but in 4 year cycles.

    You are starting the cycle again. You are also signing lease where you agree to specifics in terms of rent and tenure.


  • Registered Users, Registered Users 2 Posts: 2,370 ✭✭✭Knasher


    pingala wrote: »
    I've read about the Part 4 tenancy rights, is that entitled automatically or do I have to do something? would this protect me from the clause above ?
    You have the right to claim part 4, however if you have a fixed term lease then you are meant to inform your landlord at least a month in advance in writing. It isn't the end of the world if you didn't though, it just means that if they encured any costs, for example by readvertising the property, then you would have to compensate them for that. After that, due to how long you've been living there, you would have to give them 8 weeks notice before moving out (might be shorter though if you just started a new cycle).

    The trouble is that for the first 6 months of a 4 year cycle, you don't have tenure so the landlord can end your tenancy. They do need to give you 16 weeks notice though. Honestly, if you are a good tenant, I don't think I would be too worried about it.

    You can read about it here:
    http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html#lef263


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