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Ending a tenancy when a new lease is not agreed?

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  • 25-09-2020 12:23pm
    #1
    Orlak2410
    Registered Users Posts: 391 ✭✭


    Theres a condition in my lease under the 'both the landlord and the tenant mutually agree' section that states that if the tenancy continues beyond the end date of the lease and another lease agreement isn't agreed then the landlord or the tenant can end the tenancy with just 4 weeks notice without giving a reason. Is this legal/common practice?


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    #2
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    No it's not legal. After six months in you have Part 4 rights. LL can only end the tenancy on certain grounds.


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    #3
    Orlak2410
    Registered Users Posts: 391 ✭✭Orlak2410


    Samuel T. Cogley wrote: »
    No it's not legal. After six months in you have Part 4 rights. LL can only end the tenancy on certain grounds.

    Is it not called a break clause? I'm renting through a very reputable estate agents and I'd say they know what they can do and what they can't.


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    #4
    endacl
    Registered Users Posts: 22,236 ✭✭✭✭endacl


    Orlak2410 wrote: »
    Is it not called a break clause? I'm renting through a very reputable estate agents and I'd say they know what they can do and what they can't.

    It’s not illegal until they use it. I’d say they’re counting in tenants not knowing that.


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    #5
    Dav010
    Registered Users Posts: 14,060 ✭✭✭✭Dav010


    Orlak2410 wrote: »
    Is it not called a break clause? I'm renting through a very reputable estate agents and I'd say they know what they can do and what they can't.

    Break clauses are used during fixed term leases to allow the tenant to leave without being liable for rent during the whole of the term.

    Example: tenant signs 1 year lease with break clause after 6 mths, that means tenant can leave after six months, having given the necessary notice, and is not liable for the rent during the remaining 6 mths of the fixed term.

    Your statutory rights can not be over ridden by a lease agreement, so as the other poster said, once you have gained part 4 tenancy rights, the next time the LL can terminate the lease is at the end of the 6 yr cycle, unless he terminates on one of the allowed grounds like needing it for a family member or selling etc.


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    #6
    brisan
    Registered Users Posts: 2,242 ✭✭✭brisan


    Orlak2410 wrote: »
    Is it not called a break clause? I'm renting through a very reputable estate agents and I'd say they know what they can do and what they can't.

    I doubt there are very few if any EA that I would refer to as very reputable if I am being honest


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