Notice period

Hopeful2016

Hi,

I'm trying to clarify the required notice period to give our landlord. Started renting October 2011. Signed fixed term (12 month) leases 2011, 2012 and I think 2013. Then advised that we wanted stay on on a part 4 basis so we didn't sign any other lease after the 12 month one beginning October 2013.

Can anyone please advise if our initial part 4 term commenced the first year we moved in or did it only commence when the final fixed term lease ended in October 2014?

If it began in 2011 and the first 4 year term ended in 2015, does the required notice period (for us to give her) reset at the beginning of the second 4 year term? Are we considered to be 5.5 years (all periods together) or 1.5 years (just the second part 4 term)in to the tenancy? I believe the PRTB registration has to be renewed after 4 years so this suggests it's considered a new tenancy and notice periods reset to year 1, obviously open to correction in that.

Also, the extended notice periods that have come in to effect since the end of 2015, do they apply to tenancies which started before that date or just to tenancies starting after the effective date? I.e. In our case would we be subject to a max. 56 days notice as was the case before the amendment.

If our tenancy is counted from 2011 then we're looking at 84 days notice, but if our notice reset after 4 years then we're possibly looking at 42 days.

Thanks for any advice, we're hoping we won't have to give 84 as we need to move to a new city and will be paying rent in both locations for a good few weeks if so.

Paulw

If you remain after 4 years, then it does not reset to 0, but goes on to 4+ years. From that, you need to give 84 days notice.

ted1

Are you in a city?

Most landlords are reasonable people, call them and explain the situation and they should understand. In the current market they should not have any trouble reletting.

They might agree to less notice.

Hopeful2016

ted1 wrote: »

Are you in a city?

Most landlords are reasonable people, call them and explain the situation and they should understand. In the current market they should not have any trouble reletting.

They might agree to less notice.

Yes we're a city, will try to negotiate with the landlord. I think we are a actually paying below market rent so it might suit them to get new tenants in and increase it.

Hopeful2016

Just in case anyone is searching for this topic in the future, thought I'd conclude by adding that I spoke with Threshold re. the above and they confirmed that it is 84 days. Thanks to all for responding.

Gael23

I would negotiate with the landlord. Once you agree to facilitate viewings by new tenants to take the house, I don't see why they would hold you to it.

mirrorwall14

negotiate with landlord. We did a months notice instead of the ridiculous one we were entitled to (we were buying(. We were below market rent. I'd say the landlord was only delighted. He did about a weeks work and it went back up at I'd guess at least 400 more than we were paying as the market has gone mental in that area for family homes. Very decent landlord tbf

Paulw

mirrorwall14 wrote: »

negotiate with landlord. We did a months notice instead of the ridiculous one we were entitled to (we were buying(. We were below market rent. I'd say the landlord was only delighted. He did about a weeks work and it went back up at I'd guess at least 400 more than we were paying as the market has gone mental in that area for family homes.

Unfortunately for the landlord, he can't do that now, since the law limits his rent increase to a maximum of 4% as per the new law.

But, yes, with notice, you can always come to a mutually agreeable period of notice.