Is a lease valid under part 4 tenancy after rent increase?

Silane

Hi All

I remember seeing something on TV before about a contract only being valid if both parties gained something from it. Google tells me it's called consideration.
Lets say a tenant is in an property going into a third year, the landlord ups the rent and asks for a new lease. The lease doesn't grant the tenant any protection or advantage that they don't have under a part 4 tenancy, but the tenant signs one anyway because they are unaware that they are under no obligation to do so.
Would that lease be valid?

This is hypothetical, I recently refused to sign a new lease, but it got me thinking what would happen if somebody did, and if that contract law applied in Ireland.

Mr. Incognito

Yes. The new lease is valid once you sign it.

Your consideration is the tenancy.

Victor

The lease would be valid (so a change in rent or a change in conditions, e.g. a new ban on having pets in the property is enforceable), but you (probably) can't sign away your Part 4 rights. That a new lease likely benefits the landlord more than the tenant doesn't matter. However, signing a new lease secures the property for the tenant for the duration (typically a year), which is longer than the typical notice period under the act - tenant does benefit. Separately, the tenant can assign the lease if they want to leave.

Both parties gain from the lease - landlord gets rent and tenant gets accommodation. That there would be no change in the status quo doesn't matter.

In many cases, signing a new lease is about the landlord's agent get a commission.