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Part 4 tenancy etc etc etc

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  • 06-05-2015 9:17pm
    #1
    tuisginideach
    Registered Users Posts: 2,053 ✭✭✭


    Am I misreading/misinterpreting this or does this mean that at the end of a 1 yr lease, a tenant can say 'No I am not moving out' if the landlord just wants to move them on as not happy/comfortable with them?

    Security of Tenure (Part 4)
    Security of tenure is based on 4-year cycles from the date Part 4 of the Act comes into force (i.e. 1st September 2004).
    The landlord can terminate without specifying grounds during the first 6 months, but once a tenancy has lasted 6 months, the landlord will be able to terminate that tenancy (known as a “Part 4 tenancy”) during the following 31/2 years only if any of the following apply;

    the tenant does not comply with the obligations of the tenancy
    the dwelling is no longer suited to the occupants
    - accommodation needs (e.g. overcrowded)
    - the landlord intends to sell the dwelling in the next 3 months
    the landlord requires the dwelling for own or family member occupation
    - the landlord intends to refurbish the dwelling
    the landlord intends to change the business use of the dwelling.


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    #2
    the world wonders
    Registered Users Posts: 489 ✭✭the world wonders


    tuisginideach wrote: »
    at the end of a 1 yr lease, a tenant can say 'No I am not moving out' if the landlord just wants to move them on as not happy/comfortable with them?
    This is correct. After six months the tenant gets Part 4 security and cannot be kicked out (except for the specific reasons you quoted above), even if a fixed term lease is signed and even if said lease contains a clause contradicting Part 4 rights.


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