End of Contact = Notice to quit?

Ruby_Woo

Just asking on behalf of a friend..

Is a written contract which stipulates the end date of the lease agreement the same as written notice for a tenant to vacate a property?

I.e, if a Landlord wishes for tenants to vacate their property, is a written contract with an end of lease date the same as written notice to leave the property on a given date, or is a separate written notice required?

If a letter is sent to a tenant giving them more than 30 days notice informing them that their contract is to expire on a certain date, can this be construed as 30 days notice to leave?

Agent J

http://www.citizensinformation.ie/categories/housing/renting-a-home/if-your-landlord-wants-you-to-leave

According to this by the letter of the law you need to give a seperate notice to leave at the end of a fixed term lease. At least thats what it seems to be implying.

I think thats a bit silly to be honest but it would be good practice for the Landlord to check with the tenant a month beforehand anyway to find out what the state of play is.

There is a section on that link of a valid termination notice and what it must contain.

TouchingVirus

Ruby_Woo wrote: »

Just asking on behalf of a friend..

Is a written contract which stipulates the end date of the lease agreement the same as written notice for a tenant to vacate a property?

I.e, if a Landlord wishes for tenants to vacate their property, is a written contract with an end of lease date the same as written notice to leave the property on a given date, or is a separate written notice required?

If a letter is sent to a tenant giving them more than 30 days notice informing them that their contract is to expire on a certain date, can this be construed as 30 days notice to leave?

Thread title needs to be changed to read Contract instead of Contact

Notice to quit has to be very clear.

And from what I've read, Notice of eviction (which is essentially what the landlord is doing) can't exceed 70 days if the tenancy is less than six months and at the signing of a lease the tenancy is less than six months old Also, remember that after six months living there (and less than 4 years) a tenant is entitled to Part 4 Tenancy, and you need to give an actual reason why you're evicting them as set out in the above link unless you do it after 3.5 years.

Agent J

TouchingVirus wrote: »

Thread title needs to be changed to read Contract instead of Contact

Notice to quit has to be very clear.

And from what I've read, Notice of eviction (which is essentially what the landlord is doing) can't exceed 70 days if the tenancy is less than six months and at the signing of a lease the tenancy is less than six months old Also, remember that after six months living there (and less than 4 years) a tenant is entitled to Part 4 Tenancy, and you need to give an actual reason why you're evicting them as set out in the above link unless you do it after 3.5 years.

The Part 4 Tenancy spefically doesnt apply to fixed term leases.

If the term expires and no new lease is put in its place then it becomes a part 4 Tenancy.

Ruby_Woo

Thanks guys, will pass on the info, cheers!

The_Conductor

In a fixed term contract- you can have a article which states that the end of the fixed term is the equivalent of notice to quit, and the contract is non-renewable. This is a standard article in the draft lease given to staff who may be required to work overseas for set periods of time (APSO have a staff member dealing specifically with advising on this).

If the fixed term lease elapsed- with such a clause- the tenancy would then become a Part 4 tenancy- however the tenant would also be breach of contract at the same time- however these would be dealt with seperately- and the breach of contract would become a civil matter between the landlord and the tenant.