Lease ended - do we have to sign a new lease?

blue note

Hi

I'm currently renting in a rent pressure zone and our initial 12 months has just ended. Our landlord has contacted us to say that he'd like to increase the rent by 4% and he'd like us to sign a new 12 month lease.

On the 4% - I'm pretty sure that's straightforward that we'd basically have to accept it. We're in a rent pressure zone and if there were other similar properties I think it's fair to say that they'd be more expensive than ours. Our rent is still criminally high, but that's more a comment on renting in general these days.

The real question I have is do we have to sign a new lease? From reading our just expired lease it states that after the 12 months have passed that either party can end the tenancy by giving 4 weeks notice to the other in writing. But I thought that tenants don't have to sign a new lease after the initial 12 months expires. By signing a lease with that written in it, does that essentially override our right to continue the tenancy without signing a new lease? Can he give us 4 weeks notice to leave the property or is he forbidden from kicking us out for not signing a new lease?

Browney7

blue note wrote: »

Hi

I'm currently renting in a rent pressure zone and our initial 12 months has just ended. Our landlord has contacted us to say that he'd like to increase the rent by 4% and he'd like us to sign a new 12 month lease.

On the 4% - I'm pretty sure that's straightforward that we'd basically have to accept it. We're in a rent pressure zone and if there were other similar properties I think it's fair to say that they'd be more expensive than ours. Our rent is still criminally high, but that's more a comment on renting in general these days.

The real question I have is do we have to sign a new lease? From reading our just expired lease it states that after the 12 months have passed that either party can end the tenancy by giving 4 weeks notice to the other in writing. But I thought that tenants don't have to sign a new lease after the initial 12 months expires. By signing a lease with that written in it, does that essentially override our right to continue the tenancy without signing a new lease? Can he give us 4 weeks notice to leave the property or is he forbidden from kicking us out for not signing a new lease?

If you plan to stay where you are and want the security of the fixed term then go for it. LL can currently only terminate tenancy if they wish to sell, reclaim for own use or family member use or to renovate/refurbish. If you sign a lease, the LL can't terminate tenancy on these grounds for duration of lease without your agreement.

blue note

Browney7 wrote:

If you plan to stay where you are and want the security of the fixed term then go for it. LL can currently only terminate tenancy if they wish to sell, reclaim for own use or family member use or to renovate/refurbish. If you sign a lease, the LL can't terminate tenancy on these grounds for duration of lease without your agreement.

What difference would it make to us then if we signed a new lease? As in, is he allowed to end the lease mud contact if he wants to renovate / sell / etc anyway, even if it was during a fixed term lease?

And does the fact that our contact says that either party can end the tenancy after the lease expires by giving 4 weeks notice in writing essentially mean nothing? i.e. even though it says he can do that he can't.

FishOnABike

blue note wrote: »

What difference would it make to us then if we signed a new lease? As in, is he allowed to end the lease mud contact if he wants to renovate / sell / etc anyway, even if it was during a fixed term lease?

And does the fact that our contact says that either party can end the tenancy after the lease expires by giving 4 weeks notice in writing essentially mean nothing? i.e. even though it says he can do that he can't.

After 6 months you have a part 4 tenancy. The minimum notice for a tenancy between one and two years is six weeks. If your tenancy began on or after 24th December 2016 the part 4 tenancy lasts 6 years. A part 4 tenancy can only be terminated for the reasons given in the residential tenancy acts (2004 and 2015). Your lease cannot remove any rights under the residential tenancy act (including required notice period, part 4 security of tenure and reasons for terminating a tenancy).

Signing a new one year fixed term lease (unless there is a break clause covering it) would tie both you and the LL into the tenancy for the fixed term period. The whether this suits you depends on circumstances - are you likely to want to move during the fixed term - if not it does (unless there is a break clause) give you some additional security of not being able to be given notice for LL's family use / renovation / sale reasons but at the cost of being tied to the lease if you did need to move within the fixed term period. In the current rental market I can see little advantage to a LL in a fixed term lease.

Have a look at http://www.citizensinformation.ie/en/housing/renting_a_home/ for some useful background information.

ted1

No, just state you will stay in under part 4. Gives you 6 years, so 5 more