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Part 4 tenancy. Landlord greedily planning EARLY viewings

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  • 18-07-2011 8:13pm
    #1
    An Ri rua
    Registered Users Posts: 4,499 ✭✭✭


    Hi all,

    I recently finished (24th June) a 12 month lease with my LL and about 4 weeks to go (having given him 7 weeks' notice), I decided to stay put, having received a rent reduction and agreeing to stay until end of September i.e. 4 months extra. we would review things then.

    Today I get a phonecall that they just happened to have left an ad up on the web (not true, its newly advertised today and I've saved a copy) and have had enquiries for end of september. Strangely the ad does NOT mention September so already I smell LIES.

    Basically, I WAS OFFERED a rent reduction based on the fact that I wasn't renewing a lease and was giving my notice. I was also regularly paying rents early (twice monthly on a few occasions when the landlord was skint and asked for it). He's now feeling cockier and wants to turn the screw. So he rang me half-cut from the pub (as he always is when I meet him) and said that he wants to view it this week, would that be ok?

    Firstly, what is my legal right in a part 4 tenancy? 42 days maximum or is there any way of sticking to the 4 months verbally agreed? Or does it give me a longer rolling status? I will research this tonight but would appreciate quick answers too, if anyone knows.

    Edit: I've been reading that, despite the fact that I didn't opt for a part 4 tenancy, I am still automatically entitled to it; although he may be entitled to compensation for any costs incurred (he has none incurred).

    Secondly, is there a minimum time limit on viewings or can I put my foot down and insist that there are no viewings this week (either vis a vis my 42 days' rights or my verbally agreed 4 months' rights)? I don't want any viewings until 2 weeks before I leave. I've had enough of this landlord's beering and amateurism.

    I have this house looking very well (its also private and i will have to store away and strip back everything to get it ready for viewings) and I will also have to strip away all of the things that I have adorned it with that will make it look v pleasant for the next tenant. In other words, they will offer the new higher price, based on my fittings (which of course will not be here when I leave).

    Essentially, this LL has had it too good (see other posts of mine) and I spray and tend his gardens, wash windows, contributed to residents' association etc etc.

    I'm dying to know my rights but I will be leaving this idiot for dust when the opportunity arises. I do not appreciate sleights of hand.

    Finally, can a LL advertise a house FOR RENT when I am still a sitting tenant that has not given any notice?
    Tagged:


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    #2
    variety
    Registered Users Posts: 152 ✭✭variety


    An Ri rua wrote: »
    Firstly, what is my legal right in a part 4 tenancy? 42 days maximum or is there any way of sticking to the 4 months verbally agreed? Or does it give me a longer rolling status?

    Edit: I've been reading that, despite the fact that I didn't opt for a part 4 tenancy, I am still automatically entitled to it; although he may be entitled to compensation for any costs incurred (he has none incurred).
    You can of course claim your Part 4 tenancy rights for 42 days' notice, having been there for over 6 months.
    However, in your case, I would stick to the 4 months verbally agreed. Part 4 is only helpful to a Tenant if it provides them with rights over and above the contrat with the Landlord.
    An Ri rua wrote: »
    Secondly, is there a minimum time limit on viewings or can I put my foot down and insist that there are no viewings this week
    You can refuse viewings at all times (except in an emergency, eg, water leak and maintenance people need immediate access). Access to the property is only allowed on your terms - the LL cannot dictate the times.
    An Ri rua wrote: »
    Finally, can a LL advertise a house FOR RENT when I am still a sitting tenant that has not given any notice?
    I don't see why not, as long as he doesn't commit someone to moving in when you're still resident, and also as long as your personal effects are not advertised in any way (eg photos).


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