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Notice Period For End Of Fixed Lease?

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  • 28-02-2012 5:40pm
    #1
    No 7
    Registered Users Posts: 28 ✭


    We will be living in our current property for 2 years in the middle of March after which the lease ends, we would like to leave the property on or before then. We initially signed into a 1 year agreement and renewed for another year there after.

    I talked to the agent handling the property and they said we have to give 42 days notice.

    My question is do we have to give the landlord notice that we are leaving even though we are coming to the end of a fixed term lease? If so how much notice do we have to give?


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    #2
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    No 7 wrote: »
    We will be living in our current property for 2 years in the middle of March after which the lease ends, we would like to leave the property on or before then. We initially signed into a 1 year agreement and renewed for another year there after.

    I talked to the agent handling the property and they said we have to give 42 days notice.

    My question is do we have to give the landlord notice that we are leaving even though we are coming to the end of a fixed term lease? If so how much notice do we have to give?

    You do not have to give notice for the end of a fixed term lease, although you have acquired Part 4 rights. However, it is polite to advise the landlord that you will be leaving. If it was a Part 4 a tenancy, you would have to give notice.

    Also, you do not have to allow viewings if you do not want to but in the situation (especially if you want a reference from the landlord) you could make an arrangement of a couple of hours, say one day a week but that you should be notified at least 48 hours in advance (or what ever time period suits you.


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    #3
    No 7
    Registered Users Posts: 28 ✭No 7


    odds_on wrote: »
    You do not have to give notice for the end of a fixed term lease, although you have acquired Part 4 rights. However, it is polite to advise the landlord that you will be leaving. If it was a Part 4 a tenancy, you would have to give notice.

    Also, you do not have to allow viewings if you do not want to but in the situation (especially if you want a reference from the landlord) you could make an arrangement of a couple of hours, say one day a week but that you should be notified at least 48 hours in advance (or what ever time period suits you.

    Hi odds_on,

    How do i know if its a Part 4 A tenancy?


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    #4
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    No 7 wrote: »
    Hi odds_on,

    How do i know if its a Part 4 A tenancy?
    I'm sure you have a 2nd fixed term tenancy. You acquire Part 4 "rights" (not a tenancy), after you have been in the property for over 6 months (6 months plus 1 day). These rights give you the right to stay in the property for up to four years.

    However, unless you signed a Part 4 agreement (highly unlikely, landlords like fixed term agreements) or you did not sign an agreement for the second year, then you do not have a Part 4 tenancy.

    Ask the agent handling the property where, in law, it says that you have to give any notice, let alone 42 days notice, to terminate a fixed term lease at the end of its term.

    Unless there is a clause in your lease which stipulates this, but I doubt it.


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    #5
    No 7
    Registered Users Posts: 28 ✭No 7


    odds_on wrote: »
    I'm sure you have a 2nd fixed term tenancy. You acquire Part 4 "rights" (not a tenancy), after you have been in the property for over 6 months (6 months plus 1 day). These rights give you the right to stay in the property for up to four years.

    However, unless you signed a Part 4 agreement (highly unlikely, landlords like fixed term agreements) or you did not sign an agreement for the second year, then you do not have a Part 4 tenancy.

    Ask the agent handling the property where, in law, it says that you have to give any notice, let alone 42 days notice, to terminate a fixed term lease at the end of its term.

    Unless there is a clause in your lease which stipulates this, but I doubt it.

    Thanks for your help odds_on.

    After the first year was up we signed up for another 12 months, so we are not obliged to give notice as I though, I have talked to the landlord and told we are leaving as its the decent thing to do.

    I will be letting the agent know of there misguidance.


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    #6
    ProudDUB
    Registered Users Posts: 11,569 ✭✭✭✭ProudDUB


    odds_on wrote: »
    Also, you do not have to allow viewings if you do not want to but in the situation (especially if you want a reference from the landlord) you could make an arrangement of a couple of hours, say one day a week but that you should be notified at least 48 hours in advance (or what ever time period suits you.

    Check the small print of your lease for confirmation on that. With fixed term leases, it is not uncommon for a landlord to insert a clause that in the event of a tenant not wanting to stay on after the termination of the lease, he/she will agree to allow prospective new tenants to come and view it prior to the lease expiring.

    I signed a fixed term lease last year. It had such a clause in it that in the 30 days prior to its termination of the lease, I agreed to the landlord or his agents coming to view it with new tenants in tow. There was only one interested party in that entire 30 days, and they never showed up. I never found out how workable this clause would have been in reality regarding what the estate agent and I deemed to be a reasonable viewing schedule. However, is is certainly something that I will pay close attention to if I ever sign another fixed term lease.


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    #7
    Max Power1
    Closed Accounts Posts: 10,272 ✭✭✭✭Max Power1


    Hi
    As in my thread http://www.boards.ie/vbulletin/showthread.php?t=2056538438

    I found that there is no legal requirement to give notice, but (as it turns out it was in my case) sometimes in the lease agreement there is a provision.

    Also, imo, 30 days is good enough. The 42 days notice is only required if you are in a PART IV tenancy. The part IV rules do not apply when a fixed term lease exists though.


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