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Part 4 tenancy

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  • 28-11-2009 9:59pm
    #1
    Djuret
    Closed Accounts Posts: 12 ✭


    Quick one, I've been renting an apartment for 2 years, I've rented it through 6-month contracts, periodically renewed.

    I just realised my contract expired a couple of weeks ago, I think both me and the landlady forgot about it - does me being out contract mean that I'm technically on a part 4 tenancy now ?

    Note that I'm not looking for an angle or anything here, just asking out of curiousity.


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    #2
    Victor
    Registered Users Posts: 78,385 ✭✭✭✭Victor


    It would appear so, yes.

    Most people find a Part 4 tenancy preferable.


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    #3
    geffkane
    Closed Accounts Posts: 67 ✭✭geffkane


    Victor wrote: »
    It would appear so, yes.

    Most people find a Part 4 tenancy preferable.

    Is it not the case that all the landlady has to do is say that she "intends" to sell to be allowed to legally evict you.


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    #4
    Victor
    Registered Users Posts: 78,385 ✭✭✭✭Victor


    geffkane wrote: »
    Is it not the case that all the landlady has to do is say that she "intends" to sell to be allowed to legally evict you.
    But after being there more than two years, the landlord needs to give months of notice.


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    #5
    geffkane
    Closed Accounts Posts: 67 ✭✭geffkane


    After two years a landlord can evict you by giving 56 days notice if she says that she intends to sell the property at the time of eviction. There is no requirement for her to actually sell the property or even to put it on the market


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    #6
    Agent J
    Registered Users Posts: 1,909 ✭✭✭Agent J


    geffkane wrote: »
    After two years a landlord can evict you by giving 56 days notice if she says that she intends to sell the property at the time of eviction. There is no requirement for her to actually sell the property or even to put it on the market

    This is correct in practice unfortunatly.

    By the letter of the law if they dont actually try to sell the house after evicting you for that reason then they can be done for it but in reality it would be impossible to prove.


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    #7
    sharpsuit
    Registered Users Posts: 64 ✭✭sharpsuit


    A landlord who serves notice on the basis of his intention to sell must be able to show that he has made bona fide efforts to sell the property. The section of the Act - section 34 - says that the property must be sold within 3 months of the notice coming to an end.

    It would be pretty easy to show that a notice is not bona fide as the landlord would have to bring the auctioneer along to the hearing to support his claim that his notice was genuine. If the property never went on the market, the tenant would win his claim that the notice was invalid and would be entitled to damages.


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