Advice needed.

Daidy2011

Hello all, any advice would be appreciated.

A little background:

I have been renting a property for a little over 3 years. I signed a 12 month lease on taking possession in 2008 through the estate agent that my landlord was using at the time. The estate agent charged the landlord the equivalent of 1 month's rent for their services.

When it came time to renew, the landlord and I verbally agreed an extension (as we have done each time since) so that the landlord would not incur additional charges for the real estate company.

No new lease was issued for the initial extension or for each of the subsequent ones, so in effect I am still renting under the original lease drawn up and signed by both parties in 2008.

The termination notice in the lease is 30 days by either party.

On the verbal renewal in 2009 I negotiated a 12% reduction in rent but have not sought a rent reduction since. I now wish to do so given the current economic climate and my changed circumstances. I have also been told that I am currently paying approximately 20% more than I should be for comparable properties in my area.

Let me state that I do not want to lose this property, it is a beautiful property, in a lovely area where I have settled. I have been the model tenant, honouring all my obligations and treating the property as if it was my own which has been acknowledged in the past by the landlord.

The landlord is registered with the PTSB.

Now my question:

If the landlord does not agree to a rent reduction and as a result should he invoke the termination clause what rights, if any, do I have to an extension of the 30 day term given that the original 12 month lease has expired?

I have been told that as I am a "long term" tenant and that no new
lease(s) were issued and signed for each extension that my termination period would be 6 months?

I have looked at the PTSB website but cannot find advice hence my question to the "boardies".

Any advice would be appreciated.

Many thanks.

D3PO

firstly forget your 2008 lease if it was a 12 month lease your not renting under the terms of that anymore its completly irrelevent.

right now your covered under part 4 legistalation. Your termination rights depending on what time of 2008 etc you moved inand when your part 4 tennancy began.

Its likey that the require notice period to you would be either 56 days or would be 84 days notice. I suspect the former.

For more info contact Threshold http://www.threshold.ie/page.asp?menu=70&page=240

You need to ignore any advise you got from somebdy that told you you are entitled to 6 months notice Honestly they have no idea what they are talking about.

D3PO

Daidy2011 wrote: »

I have looked at the PTSB website but cannot find advice hence my question to the "boardies".

.

In future try the Private Rental Tenancies Board (PRTB) not the Permanent TSB (PTSB) :D

odds_on

The Part 4 tenancy obligations kick in after 6 months of occupation in the property - the part 4 runs along side the fixed term agreement until the fixed term expires (after 12 months in this case) where-after, if no other lease is signed, the Part 4 tenancy is in full vigor. So, after 12 months occupancy, you already qualify for 6 months of a Part 4 tenancy.

Thus, if the Part 4 occupancy is between 2 and 3 years, the LL must give you at least 56 days notice. Occupancy of between 3 and 4 years requires at least 84 days notice. (See RTA 2004, Pr.5, S.66 - page 50).

Daidy2011

Thank you both for the advice it is much appreciated.

Now any advice on how to get a rent reduction? :D

Zamboni

Daidy2011 wrote: »

Thank you both for the advice it is much appreciated.

Now any advice on how to get a rent reduction? :D

Explain your request clearly and then back it up with your changed circumstances and a reminder of the excellent tenant that you have been.
In my experience, a smart landlord will value an excellent solid tenant than a small difference in money should it be within their ability.
Be prepared to negotiate and be courteous.
Don't go rushing in with 'well every other place round here is cheaper than this'