Part 4 tenancy?

Nomis21

I have been given a rental contract by my Landlord which states:

"This rental contract is for a period of one year only".

Even if this is written in the contract, it still becomes a part 4 tenancy after 6 months does it not?

quietsailor

Here's a really precise answer - yes and no!

You get the benefits of a Part 4 tenancy after 6 months BUT you are still tied into the one year period, ie you can't leave the lease early, so it is still a Fixed Term lease rather than a Part IV lease.

It doesn't mean you get all the rights & responsibilities of a Part IV ie being able to give notice periods and get out of the lease, it means you get the minimum protections Part IV offers after the first 6 months have gone by.

Nomis21

Does that mean he has to renew the lease after one year unless he is selling or renting to a family member?

quietsailor

No, At the end of the lease it can go a couple of ways.

1. You want to leave - let them know a few weeks in advance and as it's a fixed term you leave.
2. You want to stay on as a Part IV tenant - you need to write to the Landlord (LL) between 1-3 months in advance ( see here on the PRTB website) to inform them you're staying on after the year ends on a Part IV tenancy. A part IV tenancy has it's pros & cons - it's easier for you to get out of because all you have you do is give the correct notice for the length of time you've been in the house/apartment. However this is where the "selling or renting" bit comes into play for the LL - On a Part IV if they're selling or needing it for a family member all they have to do is give you the correct notice required by law and you have to leave. This can't be done on a fixed term.
3. You want to take another fixed term - you need to ask the LL about this before the tenancy ends - there are no hard and fast rules about this but 1-2 months would be nice notice for both of you. As far as I know there is no legal minimum period required here unlike the legal period required to continue on a Part IV.

Nomis21

Thanks for that very detailed and accurate information, Quitesailor

The_Conductor

If you intend the remain in the property at the elapse of the fixed term lease, you must notify the landlord at least the periodic nature of the rental payments in advance (normally a minimum of 1 month)- or else, the tenant is liable for any costs incurred by the landlord in reletting the property- if they subsequently decide to stay longer.

You are not obliged to sign a subsequent fixed term lease- however, any rights additional to those granted in the 2004 Act (notably security of tenure)- are forfeit to the terms of the 2004 Act (aka if a family member wished to use the apartment- its a valid reason for terminating your tenancy if you're not on a fixed term lease- if you are on a fixed term lease- unless it specifically states this clause (which I've never seen happen)- the landlord cannot terminate the tenancy other than for a list of reasons- which may mirror some of those in the 2004 Act (such as antisocial behaviour, failure to pay rent etc etc).

You could request a longer lease from your landlord- if you so wish- there is absolutely no reason a 2 year or longer lease couldn't be given- subject of course to the landlord being satisfied with the provisions of the 2004 Act (which would run in parallel to your lease- aka the lease can give both the landlord and tenant additional rights- but not detract from those of the 2004 Act- asking a landlord for a 5 year lease- would mean the landlord would have to concede the Part IV rights reverting to day 1 after year 4- which if he/she wanted the property back- would mean it would be a considerable impediment to this).

Irish rental law- specifically the 2004 Act- was drafted by and large in favour of tenants- the few mechanisms at a landlord's disposal to manage their properties- have by and large been rendered inoperable by the lengthly time the PRTB take to adjudicate in any disputes.

Request a longer lease by all means- first off- I'd question if the landlord was likely to seek the return of the property after a year- aka is there a reason the lease is worded in this manner? Get a bit of back ground information though- before you go in all guns blazing.

I've seen a few of these leases in Galway recently- which on investigation- it turns out the landlords have kids- who are presumably going to be going to uni in Galway in the near future- and the landlord does intend to take the property back. I'm not saying that is the case here- but it can't hurt to see where the landlord is coming from.

sciencetec

Nomis21 wrote: »

I have been given a rental contract by my Landlord which states:

"This rental contract is for a period of one year only".

Even if this is written in the contract, it still becomes a part 4 tenancy after 6 months does it not?

I want to do a part 4 but i have given the notice about applying for a part 4 3 days late i.e only 28 days before my lease is about to expire. What costs am i liable for because i declaired i am staying on as a part 4 late? The letting agent says that when i move out they will charge me 123 euro to draft a new contract and a 200 euro fee to find a tenant if i leave giving 42 days notice.

salamanca22

sciencetec wrote: »

I want to do a part 4 but i have given the notice about applying for a part 4 3 days late i.e only 28 days before my lease is about to expire. What costs am i liable for because i declaired i am staying on as a part 4 late? The letting agent says that when i move out they will charge me 123 euro to draft a new contract and a 200 euro fee to find a tenant if i leave giving 42 days notice.

You will likely have to pay nothing. You are liable for any costs they may have incurred in trying to find a new tenant if they expected you to leave. This might include daft fees and the such. However, since they were expecting you to stay just under their terms under a lease then they likely have no expenses to recoup from you. ( I think I read in another thread that you were requested to sign a new lease?)

If you leave as a part 4 tenant with the proper notice then they can not deduct anything from your deposit. You will owe them nothing so long as your rent is up to date and there is no damage done to the dwelling.

Both of the charges they are telling you both sound illegal to me. I would be letting the agent know that I would be making a complaint both to the PRTB which would deal with the landlord which employs the agency and the PSRA which are the regulatory body behind agents in Ireland.

It is important to know OP, once you have been in the dwelling for at least 6 months you already have part 4 rights, you do not need to claim them. You just have to let the agents/landlord know of your intent to stay in the dwelling based on these rights and just have to repay any costs they have incurred due to delayed action. Again though I highly suspect in this case that the costs would be 0. If they say there are costs make sure you get them all in writing and the original bills. If they look suspect to you then make sure you make your complaint post haste to the PRTB and PSRA (if the agent is dispensing these bills)

sapper

Does anyone know under the new rules - If you move from a 12 month fixed term lease to a part 4 tenancy is the LL allowed to increase the rent?

Given that the rent was set at the start of the fixed term (1 year ago) I would have said the LL is precluded from asking for more rent until the end of the second year?

davo10

sapper wrote: »

Does anyone know under the new rules - If you move from a 12 month fixed term lease to a part 4 tenancy is the LL allowed to increase the rent?

Given that the rent was set at the start of the fixed term (1 year ago) I would have said the LL is precluded from asking for more rent until the end of the second year?

1. The legislation has not come into law.
2. When it is, if the LL hasn't increased it in 2015, he can in 2016 but the rate will be assesed more stringently.

sapper

LL set the rent in 2015 at the outset of the fixed term. On that basis is he allowed to increase the rent in 2016 under the new rules?

davo10

sapper wrote: »

LL set the rent in 2015 at the outset of the fixed term. On that basis is he allowed to increase the rent in 2016 under the new rules?

Sapper apparently the legislation was enacted last Friday so check the PRTB website for the updated rules.