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Part IV tenancy questions...

  • 21-01-2016 4:05pm
    #1
    Registered Users, Registered Users 2 Posts: 541 ✭✭✭


    I'm trying to establish exactly what my status us with this.

    I have been renting since summer 2011, initially on a 1 year lease.

    If I understand correctly, I aquired part IV tenancy after 6 months, and this 4 year term expired last summer (2015), at which point another 4 year cycle began..?

    My landlord would best be described as 'absentee', they live out of the country. Communication is sparse, almost non existent, and this suits me just fine. I get on with my life, they get on with theirs, we don't bother each other over trivial things.

    If something goes wrong or needs repair, I drop them a quick email outlining the issue and my proposed solution. In the absence of any reply (which is usually the case) I go ahead and arrange a repair/replacement and offset it against my next rent payment.

    We never signed another lease after the first one expired (we were never asked to), so my understanding is that we are on a rolling part IV tenancy arrangement, and we are in the first year of a second 4 year cycle....correct?


Comments

  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    CiboC wrote: »
    I'm trying to establish exactly what my status us with this.

    I have been renting since summer 2011, initially on a 1 year lease.

    If I understand correctly, I aquired part IV tenancy after 6 months, and this 4 year term expired last summer (2015), at which point another 4 year cycle began..?

    My landlord would best be described as 'absentee', they live out of the country. Communication is sparse, almost non existent, and this suits me just fine. I get on with my life, they get on with theirs, we don't bother each other over trivial things.

    If something goes wrong or needs repair, I drop them a quick email outlining the issue and my proposed solution. In the absence of any reply (which is usually the case) I go ahead and arrange a repair/replacement and offset it against my next rent payment.

    We never signed another lease after the first one expired (we were never asked to), so my understanding is that we are on a rolling part IV tenancy arrangement, and we are in the first year of a second 4 year cycle....correct?

    I think you only acquire part4 entitlements 6 months after the second cycle begins so it would be 4 years plus 6 months after the date of commencement of your tenancy,


  • Registered Users, Registered Users 2 Posts: 2,131 ✭✭✭RentDayBlues


    davo10 wrote: »
    I think you only acquire part4 entitlements 6 months after the second cycle begins so it would be 4 years plus 6 months after the date of commencement of your tenancy,

    This is very incorrect. OP, as you stated you are on your second round of part 4 tenancy.


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


    This is very incorrect. OP, as you stated you are on your second round of part 4 tenancy.

    Davo maybe referring the the fact that between year 4 and year 4 plus 6 months the benefits of Part IV aren't in place. Only after year 4 plus 6 months do you get the protect of Part IV


  • Registered Users, Registered Users 2 Posts: 2,131 ✭✭✭RentDayBlues


    You still have part 4, the difference is that the landlord can terminate the lease without a reason during this 6 months but you would still be entitled to 112 days notice period


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    godtabh wrote: »
    Davo maybe referring the the fact that between year 4 and year 4 plus 6 months the benefits of Part IV aren't in place. Only after year 4 plus 6 months do you get the protect of Part IV

    Thank you, yes this is what I was referring to.


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  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    This is very incorrect. OP, as you stated you are on your second round of part 4 tenancy.

    The benefit of part4 rights is security of tenure, after a four year cycle that security of tenure deminishes and does not apply until a further 6 months has elapsed in the new cycle, the LL can terminate for any reason giving the required notice. You can therefore be pedantic and say that Part4 continues uninterripted, except of course for its most important entitlement, security of tenure. Simples.


  • Registered Users, Registered Users 2 Posts: 6,064 ✭✭✭Chris_5339762


    Don't forget its your responsibility to pay the taxes if he is living outside of Ireland and you're paying it direct (ie: not through an agent living in Ireland)


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