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Rented Accommodation

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  • 02-03-2012 9:50pm
    #1
    Longford Lass
    Closed Accounts Posts: 260 ✭✭


    Hi guys.
    Just want to confirm something here with regard to rented accomodation.
    I'm living in the apt well over 3 yrs now. Signed a yearly lease..however the estate agent is gone really slack and when it was due for renewal last Nov it was me who had to contact him! To negotiate a rent reduction albeit!!
    Roll onto March and my employment situation may be about to change and I may need to move.
    Am I right in thinking the fact that I never signed a renewal lease contract last November that I can move out at any time without losing my deposit???
    Thanks in advance for your info...


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    #2
    _Nuno_
    Registered Users Posts: 188 ✭✭_Nuno_


    Longford Lass wrote: »
    Hi guys.
    Just want to confirm something here with regard to rented accomodation.
    I'm living in the apt well over 3 yrs now. Signed a yearly lease..however the estate agent is gone really slack and when it was due for renewal last Nov it was me who had to contact him! To negotiate a rent reduction albeit!!
    Roll onto March and my employment situation may be about to change and I may need to move.
    Am I right in thinking the fact that I never signed a renewal lease contract last November that I can move out at any time without losing my deposit???
    Thanks in advance for your info...

    If you have no lease you should now be on a part 4 tenancy, which is supposed to happen automatically but you should have communicated to the landlord that you intended to stay past the expiry of your fixed term lease.

    Have a look here:http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

    The part 4 tenancy goes in cycles of 4 years, so maybe that is coming to an end as well?


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    #3
    Victor
    Registered Users Posts: 78,400 ✭✭✭✭Victor


    Part 4 of the Residential Tenancies Act applies, so you do need to give notice. See here: http://public.prtb.ie/DownloadDocs/Termnating_Tenancy.pdf


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    #4
    Longford Lass
    Closed Accounts Posts: 260 ✭✭Longford Lass


    Call me thick but having read the info on Part 4 tenancies on CitizensInfo.ie it is still a little unclear to me as to what my obligations are re notice...can anyone here enlighten me please??!!
    Thanks in advance!


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    #5
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Longford Lass wrote: »
    Call me thick but having read the info on Part 4 tenancies on CitizensInfo.ie it is still a little unclear to me as to what my obligations are re notice...can anyone here enlighten me please??!!
    Thanks in advance!

    You are required to give notice in writing -there is a sample Notice of Termination (with help notes) on the PRTB website.
    Regarding your notice period, this is found in the Residential Tenancies Act 2004 and depends on how long you have been in occupancy. You say you have been there more than 3 years, and I therefore presume less than 4 years thus you are required to give 56 days notice.

    The above is correct if you have a Part 4 agreement and do not have a fixed term agreement. If you were renting on a fixed term agreement and it expired and you did not sign any new agreement then you will have a Part 4 agreement. This is very important as you cannot break a fixed term lease just because you want to leave.


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    #6
    Longford Lass
    Closed Accounts Posts: 260 ✭✭Longford Lass


    odds_on wrote: »
    You are required to give notice in writing -there is a sample Notice of Termination (with help notes) on the PRTB website.
    Regarding your notice period, this is found in the Residential Tenancies Act 2004 and depends on how long you have been in occupancy. You say you have been there more than 3 years, and I therefore presume less than 4 years thus you are required to give 56 days notice.

    The above is correct if you have a Part 4 agreement and do not have a fixed term agreement. If you were renting on a fixed term agreement and it expired and you did not sign any new agreement then you will have a Part 4 agreement. This is very important as you cannot break a fixed term lease just because you want to leave.


    Thanks for your input there.
    Almost sorry I asked the question now as all this jazz re fixed term agreement/part 4 agreement/blah blah blah has me head in a spin!
    Cant even locate the copy of last lease I signed so I guess I'll just have to contact estate agent for a copy...which will be like trying to get an appointment with the Pope!


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    #7
    nibtrix
    Registered Users Posts: 1,305 ✭✭✭nibtrix


    Longford Lass wrote: »
    Thanks for your input there.
    Almost sorry I asked the question now as all this jazz re fixed term agreement/part 4 agreement/blah blah blah has me head in a spin!
    Cant even locate the copy of last lease I signed so I guess I'll just have to contact estate agent for a copy...which will be like trying to get an appointment with the Pope!

    Short version:

    You are no longer on a fixed term lease.
    You are now on a Part 4 tenancy.
    You can leave.
    You must give 56 days notice.
    Your notice must be in writing.


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    #8
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    The question is, did you sign a new lease after a new rent was agreed? If not, the new rent was a verbal agreement (confirmed by your paying the new rent). If you didn't sign anything then you have a Part 4 tenancy and can vacate as above.

    If you signed a new fixed term lease then your best bet is to assign your interest in the lease to someone else. This "someone" is your responsibility to find. If you do not, the landlord/his agent can claim the costs of doing so.


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    #9
    Longford Lass
    Closed Accounts Posts: 260 ✭✭Longford Lass


    nibtrix wrote: »
    Short version:

    You are no longer on a fixed term lease.
    You are now on a Part 4 tenancy.
    You can leave.
    You must give 56 days notice.
    Your notice must be in writing.

    Cheers Nibtrix!
    Just what I needed..spoonfeeding! LOL!


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    #10
    Longford Lass
    Closed Accounts Posts: 260 ✭✭Longford Lass


    odds_on wrote: »
    The question is, did you sign a new lease after a new rent was agreed? If not, the new rent was a verbal agreement (confirmed by your paying the new rent). If you didn't sign anything then you have a Part 4 tenancy and can vacate as above.

    If you signed a new fixed term lease then your best bet is to assign your interest in the lease to someone else. This "someone" is your responsibility to find. If you do not, the landlord/his agent can claim the costs of doing so.


    Thanks for your time in replying too!
    No new lease signed...just a verbal agreement on the rent reduction.
    8 weeks notice by the looks of it.
    Hoping I wont have to move out at all as I love it here but circumstances/finances may dictate otherwise...


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    #11
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Longford Lass wrote: »
    Thanks for your time in replying too!
    No new lease signed...just a verbal agreement on the rent reduction.
    8 weeks notice by the looks of it.
    Hoping I wont have to move out at all as I love it here but circumstances/finances may dictate otherwise...

    Fire away, you're on a Part 4 tenancy; however, you may have difficulty in convincing a landlord/estate agent that you have a Part 4 tenancy. Tell them to read up on the RTA 2004 or ask on boards.ie!

    Good luck in your present job.

    If you stay, don't sign any new leases - just go with the Part 4. After 4 years in thge property, you will go on to a "Further Part 4" tenancy and you will revert to a shorter notice period (beginning at 28 days) although the landlord could remove you for no reason during the first six months.


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    #12
    Longford Lass
    Closed Accounts Posts: 260 ✭✭Longford Lass


    odds_on wrote: »
    Fire away, you're on a Part 4 tenancy; however, you may have difficulty in convincing a landlord/estate agent that you have a Part 4 tenancy. Tell them to read up on the RTA 2004 or ask on boards.ie!

    Good luck in your present job.

    If you stay, don't sign any new leases - just go with the Part 4. After 4 years in thge property, you will go on to a "Further Part 4" tenancy and you will revert to a shorter notice period (beginning at 28 days) although the landlord could remove you for no reason during the first six months.

    Thanks again odds on....


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