Month-on-Month Rental

rocketspocket

My Landlord has offered to renew my lease with month-on-month as I don't know if I can commit to being in the property for a full 12 months. This seems fair but I need to check, doesn't the in any way diminish my rights as the tenant-e.g. he could after 3 months force me to leave the property as im no longer on a 12 month contract?

turbot

If you've already been there for 6+ months, you have plenty of rights - he can't simply renew only on a month-on-month basis.

punisher5112

Just stay on part 4 tenancy.

Don't sign a new contract and just let it roll.

You will have to give a minimum amount of notice which goes up the longer one is there.

rocketspocket

turbot wrote: »

If you've already been there for 6+ months, you have plenty of rights - he can't simply renew only on a month-on-month basis.

I've been here for 2 years - he drew up a new agreement as the price is rising but at the same time i told him that i may not be here for the full 12 months so he suggested a month-on-month contract; he doesn't mind either way

rocketspocket

punisher5112 wrote: »

Just stay on part 4 tenancy.

Don't sign a new contract and just let it roll.

You will have to give a minimum amount of notice which goes up the longer one is there.

Need to sign on as the price has increased - been 2 years

Mrs OBumble

rocketspocket wrote: »

Need to sign on as the price has increased - been 2 years

Just let him call it month on month and sign it.

The time to educate him about tenancy law is later if he tries anything silly like kicking you out with only a months notice.

Because at some stage it might actually suit you to only give him a months notice instead of the longer period he's legally entitled to.

handlemaster

The OP whats to give no comitment but wants the LL have all the obligations. Talk about wanting cake and cherry on top. Think the LL is been very fair with you the least you can to is dont be a stick in the mud.

handlemaster

Mrs OBumble wrote: »

rocketspocket wrote: »

Need to sign on as the price has increased - been 2 years

Just let him call it month on month and sign it.

The time to educate him about tenancy law is later if he tries anything silly like kicking you out with only a months notice.

Because at some stage it might actually suit you to only give him a months notice instead of the longer period he's legally entitled to.

Again stick it to the LL no common sence or respect for the provide of the housing.

Brian201888

rocketspocket wrote: »

Need to sign on as the price has increased - been 2 years

You don't need to sign a new contract, you're on a Part 4 tennacy now, price increase has nothing to do with it

dennyk

The rent increase doesn't require you to sign a new lease for any particular term.

Note that if you are in a Rent Pressure Zone, there is a limit to how much your rent can be increased, so check to make sure the new amount is allowable if that's the case. Outside an RPZ, he can review the rent every two years and increase it to "market rent" with no statutory cap on the increase amount, but in his notice of your rent increase, he must provide example listings of at least three comparable properties to demonstrate that the new rent is appropriate. These properties don't necessarily have to be in the same exact area as yours (as that could well be impossible if you are in a market with few available properties), but they must be comparable in type of location (urban, village/town, rural) and size (studio flat, three-bedroom house, or whatever). If he does not provide three comparable examples, his notice is not valid and you can challenge the new rent amount with the RTB and possibly get your additional rent refunded eventually.

There is no concept of a "month-to-month lease" in Ireland because no lease can waive your Part 4 tenancy rights. A fixed term lease (e.g. 12 months) can give you a bit more security, as the landlord cannot end the tenancy even for a valid Part 4 reason while under a fixed term lease, but it also obligates you as the tenant for the entire lease period. The only way to get out early is to find another tenant to assign the lease or sublet to; if the landlord refuses to allow it, you can then terminate. Even at the end of a fixed-term lease, however, the landlord cannot end the tenancy without an allowable reason if you are still within a Part 4 tenancy, so having a "month-to-month" lease would be meaningless.

If you don't sign a new lease at all, you will still have security of tenancy under Part 4 and the landlord cannot end your tenancy unless he is selling the property or moving himself or a family member into it, or is performing substantial renovations to the property that require vacant possession to complete (and in the case of the latter two, the landlord must give you first right of refusal if the property is relisted for let within six months). He must also give you the proper amount of notice, which will be more than a single month at this point in your tenancy (it's 56 days after two years of tenancy, and 84 days after 3, and continues to increase each year you remain in the property up to 224 days if you've been there for more than eight years).

Note that you must send the landlord written notice of your intent to remain in the property under a Part 4 tenancy 1-3 months before the end of your current fixed term lease. If you don't, you will still retain Part 4 tenancy rights, but you could be responsible for any costs incurred by the landlord as a result of your failure to notify (e.g. if he paid fees to list the property on Daft or whatnot under the belief that you would be vacating at the end of your lease since you hadn't notified him otherwise).

Also note that you must provide the legal amount of notice when you wish to end a Part 4 tenancy as the tenant. If you're planning to end it this year, you'd need to provide 56 days of notice to the landlord, so don't forget that if you do end up moving out.

Mrs OBumble

handlemaster wrote: »

Again stick it to the LL no common sence or respect for the provide of the housing.

Eh? How's my advice sticking anything to anyone?

The dumb LL is proposing something which is illegal. By playing along now, the OP can posdibly have a deal which suits everyone. Bringing up the legal requirement now will just start an argument which may be unnecessary.

(Btw, I'm a landlord as well as a tenant.)

handlemaster

Mrs OBumble wrote: »

handlemaster wrote: »

Again stick it to the LL no common sence or respect for the provide of the housing.

Eh? How's my advice sticking anything to anyone?

The dumb LL is proposing something which is illegal. By playing along now, the OP can posdibly have a deal which suits everyone. Bringing up the legal requirement now will just start an argument which may be unnecessary.

(Btw, I'm a landlord as well as a tenant.)

So the LL should have said No to the tenant and your right. Helping hand always get bitten

Mrs OBumble

handlemaster wrote: »

So the LL should have said No to the tenant and your right. Helping hand always get bitten

The LL cannot legally say no: the tenant is already on a part IV.

The_Conductor

No squabbling please.