Lease

If the property is sold with a tenancy in place, the existing tenancy remains in effect under whatever terms it previously existed under. The tenant isn't obligated to sign a lease of any sort. The rent would remain as currently set, and any rent review would have to be conducted according to the law in terms of the time since the last review and any RPZ restrictions on the new rent amount (if applicable).

The new owners could terminate the tenancy at the end of the current Further Part 4 cycle by giving the required notice, however, or they could give notice for an allowable reason under Part 4 such as the need to occupy the property themselves or to conduct renovation work that is extensive enough to require vacant possession. The tenant might want to take those possibilities and the time remaining on their current Further Part 4 cycle into account when deciding whether or not to sign a new fixed term lease with the new owners. Remember that a fixed term lease can't override any statutory rights of the tenant, nor can it raise the rent on an existing tenancy if a rent review wouldn't otherwise be allowed at the time, so unless the current tenant thinks they might need to leave the property before the end of the fixed term, it might be to their advantage to have the additional security of a new fixed term lease.

Yes, it's up to the tenants. The landlord can't force them to sign a new lease (nor can they force the landlord to sign one). Their existing Part 4 rights exist independent of any fixed term lease, and refusing to sign a new fixed term lease isn't grounds for termination under Part 4 of the RTA.

The lease is largely irrelevant at this stage - as dennyk says it’s where you are in the part 4 cycle that matters!

Legally speaking, it would likely have been the responsibility of the original owner/landlord to provide the details of any encumbrances, including the terms of an active tenancy, to the new owner of the property. There's likely no legal obligation for a tenant to provide the new owner with a copy of the original tenancy agreement. However, if you're asking as the tenant, there's really no reasonable justification to withhold that information from the new owner either, and it would likely be in your best interest to be polite and start your relationship out on the right foot rather than being needlessly adversarial, or else you may well find your new landlord to be less than helpful in the future, and maybe keen to get rid of you at the first opportunity. There's really no reason to start trouble over a request as simple as a copy of your original tenancy agreement.

KinnegadKid wrote: »

2008 summer original lease date so where would that leave you now In 2020 december

By my calculation, you'd be in the first half year of a six-year Further Part 4 tenancy now.

Original Part 4: Summer 2008 - Summer 2012 (you'd have first acquired Part 4 rights in winter 2008/2009, but the four-year period on that initial Part 4 tenancy would start from the date your tenancy first began).

1st Further Part 4: Summer 2012 to Summer 2016

2nd Further Part 4: Summer 2016 to Summer 2020

Starting from December 24th, 2016, all new Part 4 and new Further Part 4 tenancies commencing after that date are now 6 years in duration instead of 4, so:

3rd Further Part 4: Summer 2020 to Summer 2026

dennyk wrote: »

By my calculation, you'd be in the first half year of a six-year Further Part 4 tenancy now.

Original Part 4: Summer 2008 - Summer 2012 (you'd have first acquired Part 4 rights in winter 2008/2009, but the four-year period on that initial Part 4 tenancy would start from the date your tenancy first began).

1st Further Part 4: Summer 2012 to Summer 2016

2nd Further Part 4: Summer 2016 to Summer 2020

Starting from December 24th, 2016, all new Part 4 and new Further Part 4 tenancies commencing after that date are now 6 years in duration instead of 4, so:

3rd Further Part 4: Summer 2020 to Summer 2026

Maybe I'm reading it wrong but I understood that if your lease started before December 2016 it will always be a 4 year rather than a 6 year cycle?