Formal requirements for Part IV

Samuel T. Cogley

I've never really got this - does the tenant have to inform the LL in anyway? What if the tenant does not, is there some default position?

In light of Part IV why do LL (and some tenants) insist on signing yearly leases? Just ignorance of the legislation? (I don't use that term pejoratively - I'm ignorant here too!)

L1011

Libertarian Kant wrote: »

In light of Part IV why do LL (and some tenants) insist on signing yearly leases? Just ignorance of the legislation? (I don't use that term pejoratively - I'm ignorant here too!)

In many cases, its a letting/management agent insisting as they charge the LL a hefty processing fee. Some do appear to not have a clue - there was an infamous thread on here of one agent insisting the RTB and PSR had no ability to dictate to them about Part IV!

Samuel T. Cogley

Thanks L1011 - any thoughts on the Part IV side?

newacc2015

Libertarian Kant wrote: »

In light of Part IV why do LL (and some tenants) insist on signing yearly leases? Just ignorance of the legislation? (I don't use that term pejoratively - I'm ignorant here too!)

I think a lot of landlords use them as they are psychologically effective. You are signing something that locks you into a year period. A tenant is less likely to move out within a year after signing it versus just an oral agreement in my experience. It is like a job contract. People are more likely to stay for the year, if they sign a year contract versus an oral contract. People act differently, when they sign for something.

I find a lot of tenants need to be told the rules and a contract is good for that. ie no smoking in the property, no nails in the walls etc. Otherwise it is he said, she said a few months later.

A lot tenants read stuff online or some eejit in the college tells them about it in the housing office ie tenants who pay by ETF being told they need a landlord to sign a rent book.

L1011

newacc2015 wrote: »

I think a lot of landlords use them as they are psychologically effective. You are signing something that locks you into a year period. A tenant is less likely to move out within a year after signing it versus just an oral agreement in my experience. It is like a job contract. People are more likely to stay for the year, if they sign a year contract versus an oral contract. People act differently, when they sign for something.

I find a lot of tenants need to be told the rules and a contract is good for that. ie no smoking in the property, no nails in the walls etc. Otherwise it is he said, she said a few months later.

A lot tenants read stuff online or some eejit in the college tells them about it in the housing office ie tenants who pay by ETF being told they need a landlord to sign a rent book.

The contract still exists and the rules are still valid even if they continue on a Part IV without signing a new one, though. The question isn't about having a lease to begin with but signing a new one every year - for no reason, as it cannot alter Part IV rights.

Samuel T. Cogley

Sorry to rephrase as I've muddied the waters a bit with my OP.

Are there any formal requirements in going from the first six months of the lease to Part IV that a tenant must do or a landlord may exclude. IIRC there was something about having to inform the LL in writing?

Michael D Not Higgins

Libertarian Kant wrote: »

Sorry to rephrase as I've muddied the waters a bit with my OP.

Are there any formal requirements in going from the first six months of the lease to Part IV that a tenant must do or a landlord may exclude. IIRC there was something about having to inform the LL in writing?

Part 4 is automatic. There is a requirement to notify the landlord if you're staying past the expiry of a fixed term lease, and failing that the landlord is entitled to any costs incurred in advertising and reletting due to not informing the landlord. Haven't heard of any such case being awarded though.

Graces7

Michael D Not Higgins wrote: »

Part 4 is automatic. There is a requirement to notify the landlord if you're staying past the expiry of a fixed term lease, and failing that the landlord is entitled to any costs incurred in advertising and reletting due to not informing the landlord. Haven't heard of any such case being awarded though.

Ok, so when the agent write to me telling me the fixed term one year lease is nearing the end, I simply reply saying I seek to stay on and that I am not going to sign a fixed term lease as Part 1V applies?

Michael D Not Higgins

Graces7 wrote: »

Ok, so when the agent write to me telling me the fixed term one year lease is nearing the end, I simply reply saying I seek to stay on and that I am not going to sign a fixed term lease as Part 1V applies?

Yes, the agent is trying to get you to sign another lease since they get another month's rent from the landlord but you are under no obligation to sign another fixed term lease.

dennyk

Graces7 wrote: »

Ok, so when the agent write to me telling me the fixed term one year lease is nearing the end, I simply reply saying I seek to stay on and that I am not going to sign a fixed term lease as Part 1V applies?

There is a requirement to inform the landlord in writing of your intent to stay on following your lease. It doesn't affect your Part IV status if you fail to do so, but you could be held responsible for any expenses the landlord incurs as a result of your failure to notify (e.g. if they paid to relist the property for rent because they assumed you were leaving). You can get a sample letter from Citizens Information here:

http://www.citizensinformation.ie/en/reference/howtos/how_to_notice_of_intent_to_remain_in_rented_dwelling.html

I just sent mine directly to my landlord via registered post; I don't know whether just informing their estate agent would count. (I'd also spoken to my landlord personally and let her know I was staying on, of course, and she was happy to have me, but I wanted to make sure all the formalities were followed.)