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Out of date lease - breach of tenancy obligation?

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  • 22-02-2012 1:05pm
    #1
    Alwayson
    Registered Users Posts: 186 ✭✭


    I want to give notice - based on length of tenancy it should be 56 days but the lease expired in 2009 and despite written requests the landlord has not provided an updated one. Is he in breach of tenancy regulations in which case I only have to give 28 days notice? PRTB sent me to Threshold who are uncontactable.


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    #2
    subway
    Closed Accounts Posts: 6,131 ✭✭✭subway


    you have a part iv tenancy now.
    you are required to give 56 days notice


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    #3
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    If the lack of a fixed term lease was that much of an issue for you then you would have dealt with it long before now if it lapsed over two years ago. I could be wrong but I cant see anyone allowing it as a valid excuse to let you shorten the notice period of a part 4 tenancy.


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    #4
    Alwayson
    Registered Users Posts: 186 ✭✭Alwayson


    djimi wrote: »
    If the lack of a fixed term lease was that much of an issue for you then you would have dealt with it long before now if it lapsed over two years ago. I could be wrong but I cant see anyone allowing it as a valid excuse to let you shorten the notice period of a part 4 tenancy.

    I've been asking for it in writing since 2010. The rent changed and I thought the lease should reflect that. I didn't want to leave at the time but I do now, hence my question about whether the absence of a lease affects the notice period. Apparently it doesn't so I have my answer.


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    #5
    not even wrong
    Registered Users Posts: 480 ✭✭not even wrong


    Alwayson wrote: »
    I want to give notice - based on length of tenancy it should be 56 days but the lease expired in 2009 and despite written requests the landlord has not provided an updated one.
    There is no obligation on the landlord to sign up for another fixed term, just as there is no obligation on the tenant to sign up for another fixed term.


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