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Are we on a part 4 tenancy?

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  • 16-02-2011 2:34pm
    #1
    axer
    Registered Users Posts: 5,517 ✭✭✭


    Hi,

    Our contract (a couple) expired 6 months ago for a rented apartment (were there 6 months at that stage). We did not give notice for part 4 tenancy. The landlord asked us to sign a new 6 month contract but I didnt bother as the landlord was already been summonsed to court by his bank for repossession so couldn't see the point in tying myself down for 6 months. I didnt indicate to him that I was not signing the contract nor did I indicate that I was. I think he seems to think we did sign it.

    Anyway the apartment is going up for sale now and the landlord wants us to sign a 3 month contract as he doesnt expect it to sell for a while. I cannot see any reason as to why we would sign a new contract for 3 months since it offers nothing to us but only ties us there for another 3 months. We are currently looking at other apartments but want to take our time finding a new one so that we are not forced to take one.

    • Are we automatically on a part 4 contract since we did not renew the initial 6 month contract for another fixed term contract and that was 6 months ago?
    • Would we be within our rights to say we are already on part 4 contract thus do not have to sign a new fixed term contract?
    • There is a standard term about selling the apartment and being able to terminate the contract as a result in the initial contract. Does that mean he could kick us out now and get someone else to take a 3 month contract or have we some rights there?

    Thanks for any help/advice.


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    #2
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    From what I can see we are on a "periodic tenancy" thus are automatically on a part 4 tenancy. Also from what I can see the landlord can give us notice to end the contract if he is selling but cannot subsequently rent out the property or we have a claim against him.


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    #3
    astrofool
    Registered Users Posts: 16,650 ✭✭✭✭astrofool


    I think the law is slightly different if you were offered a contract, but did not sign it (but the landlord thinks you have signed it), you are probably better off giving the PRTB or Threshold a ring and asking the question, but tell them all the facts.

    Potentially, if your lease is over, and you didn't sign the new lease, you don't have a right to be in the property, and could be kicked out without any notice.


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    #4
    pooch90
    Registered Users Posts: 2,380 ✭✭✭pooch90


    axer wrote: »



    Are we automatically on a part 4 contract since we did not renew the initial 6 month contract for another fixed term contract and that was 6 months ago?
    Yes you're now Part 4. We had similar situation, Threshold informed us we were Part 4.
    axer wrote: »
    • Would we be within our rights to say we are already on part 4 contract thus do not have to sign a new fixed term contract?
    Absolutely! We were told to write LL a letter just formally informing him that we are now a part 4 tenancy. Made sure to say that we were writing based on advice we received from Threshold.
    axer wrote: »
    • There is a standard term about selling the apartment and being able to terminate the contract as a result in the initial contract. Does that mean he could kick us out now and get someone else to take a 3 month contract or have we some rights there?

    As you said, he cannot re-rent the property without giving you first refusal, provided you haven't broken any terms of the (original) lease. You can bring him to the PRTB if he does.


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