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Part 4 / Fixed term

  • 12-03-2018 9:57am
    #1
    Aye Bosun
    Registered Users, Registered Users 2 Posts: 349 ✭✭


    One of the protections for both landlord and tenant is being able to break a part 4 tenancy in the first 6 months without penality. But if a fix term lease is signed then this protection is unavailable to either party.

    How do people deal with this? A break-clause in the fixed term lease or is there such a thing as a written Part 4 lease?


Comments

  • #2
    spaceHopper
    Registered Users, Registered Users 2 Posts: 4,101 ✭✭✭spaceHopper


    Do't give one, the way the market is if a tenant wanted to leave they can be replaces with in a month. So why leave your self open by not being able to ask a deadbeat tenant to go with in 6 moths. By the way it may have been removes in rent pressure zones. I'm not sure


  • #3
    Aye Bosun
    Registered Users, Registered Users 2 Posts: 349 ✭✭Aye Bosun


    spaceHopper wrote: »
    By the way it may have been removes in rent pressure zones. I'm not sure
    It hasn't, the rent pressure zone only applies to rent increases.

    It's all well and good saying don't give a lease it but it's a valuable thing to have in the place to ensure both parties are singing off the same hymn sheet so to speak. I'd not be happy entering a tenancy without one, but I don't want to sign away the right to terminate without cause in the first 6 months.

    I've seen on this forum people speak of 6 month break clause but never seen one on a lease before and wondering how other landlords deal with this.


  • #4
    TheChizler
    Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭TheChizler


    Aye Bosun wrote: »
    One of the protections for both landlord and tenant is being able to break a part 4 tenancy in the first 6 months without penality. But if a fix term lease is signed then this protection is unavailable to either party.

    How do people deal with this? A break-clause in the fixed term lease or is there such a thing as a written Part 4 lease?
    A Part 4 tenancy doesn't kick in until 6 months have passed, which is why a landlord can end the tenancy before then. Don't bother with a lease if you think you'll need to activate a break clause in the first 6 months.

    Maybe in a minority of cases a lease is no obstacle to someone determined to break a lease, but taking the small dataset of my friends and family, it's always made more sense and been less hassle to wait till the end of a lease rather than taking the option to find a suitable replacement, attempt to assign the lease, give the minimum notice, and possibly fall out with a future referee.

    A lease isn't foolproof but it strongly encourages the tenant to stay until the end.


  • #5
    GGTrek
    Registered Users, Registered Users 2 Posts: 834 ✭✭✭GGTrek


    Aye Bosun wrote: »
    One of the protections for both landlord and tenant is being able to break a part 4 tenancy in the first 6 months without penality. But if a fix term lease is signed then this protection is unavailable to either party.

    How do people deal with this? A break-clause in the fixed term lease or is there such a thing as a written Part 4 lease?
    You have got it all wrong. In Ireland you never provide a fixed term lease of more than 5 months (even 5 months is too long in my opinion). The fixed term is effectively only for the landlord, for the tenant it is just unenforceable! You provide a simple written (this is fundamental in case the tenant decides to be smart) residential tenancy agreement with no fixed term at all (28 up to a maximum of 70 days notice in the first 6 months for no reason at all). If tenant misbehaves you can issue immediately the termination notice for no reason at all. The first 6 months of the tenancy are still the only period where the rights of the tenant and landlord are almost equivalent. Well before 2004 there was a right of forfeiture of the lease by peaceful re-entry if the tenant was not paying rent which was a wonderfully quick and effective solution for the problem:
    http://www.iflr.com/Article/2026978/Republic-of-Ireland.html
    http://propertylawireland.com/tag/forfeiture/
    The human rights brigade (institutions like Threshold, FLAC and other eminent jurists) together with the TDs and the government screwed up the private rental market and kept going until the current ridicolous situation.
    "Since the Residential Tenancies Act, 2004 lays down the procedure for the vast majority of residential tenancies Notice to Quit and Forfeiture now only apply to commercial tenancies."


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