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Part 4 and short term tenancy

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  • 21-11-2016 1:06pm
    #1
    ckblackrock
    Registered Users Posts: 35 ✭


    What is the situation if a landlord lets a property on a short term tenancy?

    For example, renting to students during the academic year, or renting to someone who is selling a house and needs accommodation for 3 or 4 months while waiting for a new house to be finished, etc.

    If the student signs a lease for September to May (9 months) does the student still gain Part 4 Tenancy rights after 6 months - even though the lease was signed on the understanding that the tenancy was only being given for the academic year?

    Likewise, the following scenario: a person in the process of buying or building a home rents a house for 4 months while waiting to complete. Completion delayed and can't move in to their planned permanent home after the initial 4 month lease expires. Landlord agrees to extend the lease for 2 more months (making 6 months) while they get sorted. Does this tenant get Part 4 rights, despite the fact that the original agreement was for a temporary tenancy?
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    #2
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    Part 4 law overwrites all that. The law prevails above a contract.If a tenant wants to use their part 4 rights at the end of the 9 month they are entirely free to do so.IN regards to the 6 month probably the same but it could a tight as part 4 kicks in at 6 month + 1 day as far as I know.


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    #3
    Claw Hammer
    Registered Users Posts: 6,164 ✭✭✭Claw Hammer


    ckblackrock wrote: »
    What is the situation if a landlord lets a property on a short term tenancy?

    Landlord agrees to extend the lease for 2 more months (making 6 months) while they get sorted. Does this tenant get Part 4 rights, despite the fact that the original agreement was for a temporary tenancy?
    Yes. It is not possible to contract out of the provisions of the RTA.


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    #4
    ckblackrock
    Registered Users Posts: 35 ✭ckblackrock


    That sounds a bit unbalanced - the tenant can walk away after the lease term expires, but the landlord can't.

    And what would happen if a 4 month lease wasn't extended, but the tenant refused to move out - if they sit tight for 2 more months do they end up with Part 4 tenancy rights?


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    #5
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    ckblackrock wrote: »
    That sounds a bit unbalanced - the tenant can walk away after the lease term expires, but the landlord can't.

    And what would happen if a 4 month lease wasn't extended, but the tenant refused to move out - if they sit tight for 2 more months do they end up with Part 4 tenancy rights?

    No not unless the landlord accepted the overholding


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    #6
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    no and the LL immedeatly needs to make this known at the tenancy board to have it properly recorded


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    #7
    quietsailor
    Registered Users Posts: 1,428 ✭✭✭quietsailor


    ckblackrock wrote: »
    What is the situation if a landlord lets a property on a short term tenancy?

    For example, renting to students during the academic year

    If the student signs a lease for September to May (9 months) does the student still gain Part 4 Tenancy rights after 6 months - even though the lease was signed on the understanding that the tenancy was only being given for the academic year?

    Yes they get Part IV rights BUT it also confers obligations on them. In most student areas the rent per month drops for June, July & August (if it is being let as a short term summer let) but if a student chooses to use Part IV to stay on they can't demand that the rent drops - no rent review is allowed with 2 yrs of the lease starting.

    It would be very strange for a student to demand their Part IV rights for this reason.


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    #8
    Claw Hammer
    Registered Users Posts: 6,164 ✭✭✭Claw Hammer


    quietsailor wrote: »
    Yes they get Part IV rights BUT it also confers obligations on them. In most student areas the rent per month drops for June, July & August (if it is being let as a short term summer let) but if a student chooses to use Part IV to stay on they can't demand that the rent drops - no rent review is allowed with 2 yrs of the lease starting.

    It would be very strange for a student to demand their Part IV rights for this reason.

    The landlord can't review the rent but the tenant can. Some students on low rents now seek part 4 and keep the place over the summer because of the 2 yr rent limit they keep the same low rent for the second academic year and don't have the stress of finding accommodation for that year.


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