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Notice of Termination

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    #32
    sophia25
    Closed Accounts Posts: 265 ✭✭sophia25


    O;)f course no problem


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    #33
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    xper wrote:
    You can't loose anything by going the Part 4 route.
    Yes, you can loose out - if the landlord wants the property, he has a number of options under a Part 4 tenancy that he does not have in a fixed term lease, (RTA 2004, section 34):
    1. The tenant has failed to comply with any of his or her obligations in relation to the tenancy.... (also in a fixed term lease)
    2. The dwelling is no longer suitable to the accommodation needs of the tenant.... (is included in some fixed term leases)
    3. The landlord intends, within 3 months after the termination of the tenancy to sell the property .... (Part 4 only)
    4. The landlord requires the dwelling or the property containing the dwelling for his or her own occupation or for occupation by a member of his or her family .... (Part 4 only)
    5. The landlord intends to substantially refurbish or renovate the dwelling or the property containing the dwelling in a way which requires the dwelling to be vacated for that purpose .... (Part 4 only)
    6. The landlord intends to change the use of the dwelling or the property containing the dwelling to some other use .... (Part 4 only)

    Thus, to my mind, a Part 4 tenancy is not as safe a tenancy for the tenant as a fixed term lease which usually can only be broken by the tenants' failure in their obligations.

    If a tenant is unsure if they want to stay for a further full year then a Part 4 tenancy is more suitable.


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