No Lease Renewal

boardie10

Hello

I've been renting an apartment for one year and initially signed a 1 year lease in August last year. The lease is now up but I intend to stay on. I haven't notified my Estate agent that I intend to stay nor has he contacted me about whether I want to stay on.

My question is am I still protected under Part IV Tenancy even though I didn't make the EA aware I was staying and is there any benefit for me in requesting to sign a new lease if I am indeed protected under the Part IV Tenancy?

Any advice would be appreciated. Thank you for your time.

You are under Part 4 and have the right to stay, but you should let the agent know your intention to stay anyway. They'll probably have assumed you intend to stay as you haven't given notice that you're leaving, but it's polite to confirm this with them. There's no need to sign a new lease.

Browney7

If you intend remaining in situ for the next 12 months it might be worth signing a 12 month lease if possible as the LL would be unable to remove you if they intended to renovate, sell or use for themselves in that fixed period.

Agent may push for signing again as they will get a commission again

boardie10

Thanks for the reply piratequeen and Browney7.

If I mail him and let him I know I intend to stay, what happens if he sends me a new lease to sign?
Am I legally obligated to sign the new lease?

A rolling month to month lease might be beneficial to me on the off chance I may suddenly lose my job or have to relocate in which
case I wouldn't be tied to a 1 year lease.

Especially if I'm still protected under Part 4?

gizmo81

boardie10 wrote: »

Thanks for the reply piratequeen and Browney7.

If I mail him and let him I know I intend to stay, what happens if he sends me a new lease to sign?
Am I legally obligated to sign the new lease?

A rolling month to month lease might be beneficial to me on the off chance I may suddenly lose my job or have to relocate in which
case I wouldn't be tied to a 1 year lease.

Especially if I'm still protected under Part 4?

Hey there,

Here's a sample intent to remain letter, you can just fill in a couple of details and send to landlord/agent.

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

You don't need to sign a new lease.

boardie10

Thanks gizmo81.

So if I send the letter of intent and I am asked to sign a new lease, should I sign it?

Is there any benefit or I can legally not sign it. Would I be in risk of eviction if I don't sign?

Thank you everyone for you help. Really appreciate it.

There isn't much benefit unless you're 100% certain you want to stay for another full year, otherwise you might have hassle having to reassign the lease if you want to leave earlier. They can't force you to sign a new lease, or evict you for not signing one.

boardie10

Okay thank you all so much for your help.

From doing more reading on the act, I see that I should have notified the Estate Agent at least 1 month before the lease was due to expire. Will this be a problem down the road now that I have sent the letter of intent after my lease has expired?

TheChizler

The 1 month notice is in case the landlord incurs costs advertising etc. while working under the assumption that you're moving out. If they haven't done this there's nothing to worry about.