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Letting Agent wants me to sign a Lease for year 2 but I dont want to (happy part 4)

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  • 17-08-2010 11:53pm
    #1
    Registered Users Posts: 836 ✭✭✭


    Do I have to sign a lease? Can they tell me to sign it or exit in x days of I dont?

    Can I just point blank refuse to sign?

    We have been excellent tenants.


Comments

  • Registered Users Posts: 2,021 ✭✭✭shoegirl


    I think once your initial lease/6 months is up you can write a letter claiming your rights as a part 4 tenant (sample is on PRTB website).

    Don't let your landlord/agent bully you into signing a lease that only gives them rights! That said sometimes they can get bolshy if you refuse to sign a lease. Its of no real benefit to you once you are in a part 4 situation.


  • Registered Users Posts: 9,338 ✭✭✭convert


    Have you had a lease before? And if so, how long is it since it ended and you entered into the Part 4 tenancy?

    From what you've written above, it would appear that either the landlord wants to ensure that there are tenants in the house for the next two years (i.e. that you can't terminate the tenancy unless the landlord fails to adhere to the conditions set down without you losing your deposit), or else he's trying to get you to leave and knows that an easy way of doing this is by asking you to sign a lease, knowing that you don't want to.

    The best thing to do would be to contact the PRTB - prtb.ie - and seek their advice. As they are used to dealing with such queries day-in, day-out, they would probably be the best people to contact.


  • Registered Users Posts: 836 ✭✭✭uberalles


    They very much want us to stay as the rent was reduced. if they wanted us to go they would have kept it as was.

    We are here approx 24 + 2 months, we have signed two previous leases.
    We want to decline this one.


  • Registered Users Posts: 3,436 ✭✭✭bugler


    You are entitled to decline signing another lease. Many LLs and agents have a fear of lettings without a lease, on a sometimes irrational basis. Of course there are legitimate reasons why it may or may not be preferable.

    You will be entitled to leave with 56 days notice if you continue under Part 4. Similarly, the landlord will have to give you only 56 days notice if (s)he is terminating the agreement. There are only certain conditions they can do this under, but they are fairly loose, and include having a relative who wants to move in, and selling or seriously renovating. Ultimately, the landlord can put you out if (s)he wants to (with 56 days notice).

    You are obviously looking for a degree of flexibility, so if that does not bother you then I'd explain to the LL/agent that you can't be compelled to sign a lease, that you are happy in the dwelling and have no immediate plans to leave, but that given the current economic climate and personal circumstances you need the flexibility a Part 4 tenancy will allow.

    Do not be surprised if you have to educate them on what Part 4 is, or that chaos does not in fact reign in the absence of a lease (I had to do explain it myself to a letting agent).

    Another ploy could be to agree to the lease but to ask for an optional break clause on your part, with sufficient notice.


  • Registered Users Posts: 3,663 ✭✭✭JoeyJJ


    Yeah that would be crazy, I am two years in and signed a year lease with a break 8 months in only reason I signed was the 18% drop in rent I negociated.

    Get them to put in a break clause or reduce to 1 year. If you don't sign the lease I doubt you would be able to avail of the reduced rent under part 4 tenacy, I could be wrong.


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