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Coming to the end of 1 year lease

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  • 30-03-2015 9:45pm
    #1
    aaakev
    Registered Users Posts: 3,088 ✭✭✭


    1st of April we will be in our house 1 year, spoke to the landlord today and he wants to sign a new fixed term lease. I said I don't need to as we are on a part 4 but he says he always does.... We have very good relations with the landlord the past year, no trouble at all so how do I approach this without causing a row? How do I explain part 4 to him properly if he genuinely doesn't know? Don't understand it really myself!

    Cheers


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    #2
    Black_Knight
    Moderators Posts: 12,367 ✭✭✭✭Black_Knight


    aaakev wrote: »
    1st of April we will be in our house 1 year, spoke to the landlord today and he wants to sign a new fixed term lease. I said I don't need to as we are on a part 4 but he says he always does.... We have very good relations with the landlord the past year, no trouble at all so how do I approach this without causing a row? How do I explain part 4 to him properly if he genuinely doesn't know? Don't understand it really myself!

    Cheers

    Just tell him it's standard after 6 months tenancy (and after a fixed lease of over 6 months), and to check it out on citizens information website. Don't sign a fixed contract anyways.

    After you've been renting for over 6 months and haven't been asked to leave, you automatically are in a part 4 tenancy. You have to notify the landlord of this, but you can't be refused from what I've read.

    http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html


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    #3
    Selik
    Registered Users Posts: 1,678 ✭✭✭Selik


    Another clueless (in respect of tenants rights) landlord!

    See this thread from me last year for exactly the same issue.

    http://www.boards.ie/vbulletin/showthread.php?t=2057247376


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    #4
    aaakev
    Registered Users Posts: 3,088 ✭✭✭aaakev


    What benifits are there for us and the landlord being on a part4?


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    #5
    Victor
    Registered Users Posts: 78,282 ✭✭✭✭Victor


    Part 4 gives the tenant security of tenure - they can't be kicked out willy-nilly.

    Overall, the Residential Tenancies Act creates a framework of minimum standards, although there are some practical issues. Having a formal lease doesn't particularly change that. The main change would be that having, say, a further 1-year lease would mean that the tenant is guaranteed to have the property available for the year (short of it burning down), but is also responsible for having the rent paid for the year (they can assign the lease to another tenant if they are moving out).

    A reason to not sign a new lease would be if you expect to move during the duration of the lease.


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    #6
    shruikan2553
    Closed Accounts Posts: 6,113 ✭✭✭shruikan2553


    Another benefit is the rent is protected from increases for the duration of the lease. Rent can be increased once in a 12 months period otherwise.


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    #7
    aaakev
    Registered Users Posts: 3,088 ✭✭✭aaakev


    shruikan2553 wrote: »
    Another benefit is the rent is protected from increases for the duration of the lease. Rent can be increased once in a 12 months period otherwise.

    We have just had a rent increase.

    Spoke to the landlord about 6 weeks ago and he asked if we were staying on ajd i said yes, wenegotiated a bit of an increase then and he said he would call up with a new lease to which i said no need as we are on a part4. He said he always gets a new lease signed and didn't ever hear of this part 4 which has lead me here...

    We dont plan on leaving but if im better off on a part 4 id rather not sign another fixed term


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    #8
    shruikan2553
    Closed Accounts Posts: 6,113 ✭✭✭shruikan2553


    aaakev wrote: »
    We have just had a rent increase.

    Spoke to the landlord about 6 weeks ago and he asked if we were staying on ajd i said yes, wenegotiated a bit of an increase then and he said he would call up with a new lease to which i said no need as we are on a part4. He said he always gets a new lease signed and didn't ever hear of this part 4 which has lead me here...

    We dont plan on leaving but if im better off on a part 4 id rather not sign another fixed term

    In that case then I wouldnt bother with another lease. I go for either another year at same price or you risk losing me at any point during the year but higher rent.


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    #9
    Black_Knight
    Moderators Posts: 12,367 ✭✭✭✭Black_Knight


    shruikan2553 wrote: »
    In that case then I wouldnt bother with another lease. I go for either another year at same price or you risk losing me at any point during the year but higher rent.

    Not a bad idea. You're entitled to the part4, but if he really wants ye there for another fixed year contract, see about getting it at the same rate as the last year. If he's adamant about the rent increase, then you be adamant about the part 4.
    It sounds like he just isnt aware of the Part 4, but he cant have his cake and eat it too.

    Im on a part 4 atm, but our agency knows all about it so its no problem, but if when our rent increased they also stuck us with a year lease, id be hesitant.


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    #10
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,204 Mod ✭✭✭✭godtabh


    shruikan2553 wrote: »
    In that case then I wouldnt bother with another lease. I go for either another year at same price or you risk losing me at any point during the year but higher rent.

    Landlord can also get the tenant to leave an increase the rent. He can give you the required notice and get new tenants in at a higher rent. It works both ways.


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    #11
    aaakev
    Registered Users Posts: 3,088 ✭✭✭aaakev


    Well landlord was up with the new contract and I explained to him about the part 4, he seemed to genuinely not know and said he had to register it with prtb and he needed a contract for that so I told him to contact them and they will fill him in on it all that it's all above board. He said if there is any problems he will give me a shout.

    Hopefully that's that!


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    #12
    Black_Knight
    Moderators Posts: 12,367 ✭✭✭✭Black_Knight


    aaakev wrote: »
    Well landlord was up with the new contract and I explained to him about the part 4, he seemed to genuinely not know and said he had to register it with prtb and he needed a contract for that so I told him to contact them and they will fill him in on it all that it's all above board. He said if there is any problems he will give me a shout.

    Hopefully that's that!

    Sounds like its coming towards a happy ending.


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    #13
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,524 Mod ✭✭✭✭Gumbo


    Even with Part 4, can a LL still ask you to leave, giving the correct amount of notice of course?


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    #14
    aaakev
    Registered Users Posts: 3,088 ✭✭✭aaakev


    Not from my reading of it over the last few days, they need a very good reason


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    #15
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,524 Mod ✭✭✭✭Gumbo


    aaakev wrote: »
    Not from my reading of it over the last few days, they need a very good reason

    Yeah, just found this.

    http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html


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    #16
    Victor
    Registered Users Posts: 78,282 ✭✭✭✭Victor


    godtabh wrote: »
    Landlord can also get the tenant to leave an increase the rent. He can give you the required notice and get new tenants in at a higher rent. It works both ways.
    But the increase can only be in line with the market.

    If the tenant pays the market rate, they can't be asked to lease except for certain narrow reasons, e.g. the landlord needs the property for their own use.


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    #17
    quietsailor
    Registered Users Posts: 1,428 ✭✭✭quietsailor


    kceire wrote: »
    Even with Part 4, can a LL still ask you to leave, giving the correct amount of notice of course?

    ESPECIALLY with a Part IV the LL can ask you to leave - that's why a fixed term trumps Part IV in any case of the LL asking the tenant to leave. With a fixed term lease the LL has to wait until the lease ends to get you to leave

    If you are on a fixed term the only reasons you can be evicted are for non-payment of rent or anti-social behaviour.


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    #18
    aaakev
    Registered Users Posts: 3,088 ✭✭✭aaakev


    quietsailor wrote: »
    ESPECIALLY with a Part IV the LL can ask you to leave - that's why a fixed term trumps Part IV in any case of the LL asking the tenant to leave. With a fixed term lease the LL has to wait until the lease ends to get you to leave

    If you are on a fixed term the only reasons you can be evicted are for non-payment of rent or anti-social behaviour.

    But he cant just ask you to leave, he needs a very good reason like needing the house for himself or a relative and needs to give their details ect. If he is telling lies and just wants you to leave that is illegal and he will find himself in trouble


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    #19
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,524 Mod ✭✭✭✭Gumbo


    aaakev wrote: »
    But he cant just ask you to leave, he needs a very good reason like needing the house for himself or a relative and needs to give their details ect. If he is telling lies and just wants you to leave that is illegal and he will find himself in trouble

    So essentially, after 6 months in the house, i can stay there for 4 years?
    The LL must tell me 3 months before the 4th year ends that he intends to remove me?


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    #20
    Black_Knight
    Moderators Posts: 12,367 ✭✭✭✭Black_Knight


    kceire wrote: »
    So essentially, after 6 months in the house, i can stay there for 4 years?
    The LL must tell me 3 months before the 4th year ends that he intends to remove me?

    Unless the LL has good reason, yes. Could always increase the rent to try force ya out, but again, that would have to be within the market going rate.


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