Letting agent insisting on lease renewal

viper006

Hi all

Our standard 12 month lease is up next month and letting agent called today asking us sign a new lease for 12 months. There is no provision in lease agreement where this is mentioned looking at again today. Could anyone confirm the 2 points below.

1.Our understanding was we are now part 4 so can go on renting month or month without signing a new lease. We must provide 42 days notice now as opposed to 4 weeks?

2. The agent also said if we don't sign new lease the landlord will increase the rent. As12 months have passed we believe he is entitled to do this but must provide 90 days in writing first?

Would appreciate any feedback on the above

Sarn

You don't have to sign a lease, and notice of a rent increase cannot be given for another 12 months.

viper006

Sarn wrote: »

You don't have to sign a lease, and notice of a rent increase cannot be given for another 12 months.

Thanks for the reply. That's great to know. Appreciate it

Sarn

Just to note, I'm assuming the tenancy started or that the rent was reviewed last year.

Yawns

If you think you are gonna be renting there for another year or longer, then signing a new lease will only add to your protection as a tenant. Under part 4, you could be served notice if LL wants to sell.

With a new lease for 12 months, they can't do it unless it's specified in the lease itself which if it's a standard copy & paste lease, it probably won't have it in. Take a look at your old lease and decide if it would be more beneficial or not for you.

viper006

Sarn wrote: »

Just to note, I'm assuming the tenancy started or that the rent was reviewed last year.

It started in June 2015 indeed

viper006

Yawns wrote: »

If you think you are gonna be renting there for another year or longer, then signing a new lease will only add to your protection as a tenant. Under part 4, you could be served notice if LL wants to sell.

With a new lease for 12 months, they can't do it unless it's specified in the lease itself which if it's a standard copy & paste lease, it probably won't have it in. Take a look at your old lease and decide if it would be more beneficial or not for you.

Thanks for heads up. We know definitely the owner not selling and really is agent just trying to get a rent increase and new lease fees in her pocket

Yawns

well as has been pointed out, you don't need to sign. Just be aware another reason could be the owner wants to use the dwelling for himself or a family member and still be classed as a valid reason for asking you to leave. With correct notice of course.

A signed lease will protect from this as long as it's not stipulated in the lease. Consult your lease and have a think about what's best for you in the long term.

athtrasna

Technically you should

Notify the landlord before the last month of a fixed term tenancy of the intention to avail of the protection afforded by Part 4 of the Act (i.e. to remain in the tenancy for a period of up to 4 years)

- did you do this before the letting agent contacted you?

Pkiernan

athtrasna wrote: »

Technically you should - did you do this before the letting agent contacted you?

Unfortunately for landlords tenants don't have to do this.
Tenant gets to avail of Part IV but would have to reimburse LL for any costs he may have incurred by assuming tenant was going to leave (eg advertising costs etc).
Just another example of how the law is stacked against LL's.

4ensic15

viper006 wrote: »

Thanks for heads up. We know definitely the owner not selling and really is agent just trying to get a rent increase and new lease fees in her pocket

Report the agent to the PSRA

Spook80

I've been renting an apartment for 3 years in August and landlord has turned up with new lease to sign every year.
Is this any disadvantage to me regarding giving notice to leave?
I've just made it known that I'm currently looking for somewhere else as the rent went up but will let him know shortly.
Thanks

Graham

Spook80 wrote: »

I've been renting an apartment for 3 years in August and landlord has turned up with new lease to sign every year.
Is this any disadvantage to me regarding giving notice to leave?
I've just made it known that I'm currently looking for somewhere else as the rent went up but will let him know shortly.
Thanks

If you sign a new lease you are obligated to see out the full duration of the lease unless;

there is a clause in the lease allowing you to terminate early.

or

you can find someone else to take-over the remainder of the lease and that person is agreeable to the landlord

Hazydays123

Graham wrote: »

If you sign a new lease you are obligated to see out the full duration of the lease unless;

there is a clause in the lease allowing you to terminate early.

or

you can find someone else to take-over the remainder of the lease and that person is agreeable to the landlord

So if the lease states that the tenant/LL may terminate it with one months notice on either side, then that would be a clause that allows you to leave early?

I've been trying to read up on this but i'm hearing differing accounts.

Spook80

Graham wrote: »

If you sign a new lease you are obligated to see out the full duration of the lease unless;

there is a clause in the lease allowing you to terminate early.

or

you can find someone else to take-over the remainder of the lease and that person is agreeable to the landlord

That's ok thanks.
I was just worried after reading this thread that I'm at some disadvantage like extra notice or something.
I've no problem seeing out lease and giving appropriate months notice.

Michael D Not Higgins

Hazydays123 wrote: »

So if the lease states that the tenant/LL may terminate it with one months notice on either side, then that would be a clause that allows you to leave early?

I've been trying to read up on this but i'm hearing differing accounts.

You can't agree shorter notice than is in the RTA 2004 in advance. Statutory rights cannot be signed away in a lease. You can however agree shorter notice by mutual agreement at the time of the notice.