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Leaving at the end of fixed lease after claiming P4 Tenancy

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  • 02-03-2012 10:15pm
    #1
    _Nuno_
    Registered Users Posts: 188 ✭✭


    Hello

    I am renting a house and coming to the end of my lease.

    2 weeks ago I advised the landlord that we intended to stay on as a part 4 tenancy. In the meanwhile we found a nice house that we would like to move into, and it would really suits us to move at the end of the lease instead of giving the notice required under the part 4 tenancy (6 weeks in our case).

    From a legal perspective, where do we stand now? Does the fact that we're still under a fixed term lease mean that we are not under a part 4 tenancy, or is it a case that having asked for it, we are automaticaly on a part 4 tenancy?

    Thanks


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    #2
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    You are still under a fixed lease. Tell the landlord you are moving. The tenancy automatically become a part 4 after 6 months. The only consequence of not advising the landlord that you would be availing of your part 4 rights is that you may have had it taken into account in the event of a dispute.


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    #3
    _Nuno_
    Registered Users Posts: 188 ✭✭_Nuno_


    Milk & Honey wrote: »
    You are still under a fixed lease. Tell the landlord you are moving. The tenancy automatically become a part 4 after 6 months. The only consequence of not advising the landlord that you would be availing of your part 4 rights is that you may have had it taken into account in the event of a dispute.

    Thanks for that.

    I am not sure you understand the question though.

    I already asked for part 4 tenancy, but now I don't want it anymore. My question is if I have to give the 6 weeks notice now (the part 4 legal requirement), even though I am still on a fixed term lease.


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    #4
    Victor
    Registered Users Posts: 78,400 ✭✭✭✭Victor


    Has the original lease expired yet? What notice period did it include?


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    #5
    _Nuno_
    Registered Users Posts: 188 ✭✭_Nuno_


    Victor wrote: »
    Has the original lease expired yet? What notice period did it include?

    No, it hasn't, it expires in 12 days. It has no notice period as it had no break clause.


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    #6
    Victor
    Registered Users Posts: 78,400 ✭✭✭✭Victor


    Then give your notice as soon as possible, but make sure you are gone by the 12 days. Make sure tha thte landlord understands what is going on - that they gave you a lease for X with no notice period and this is what you are availing of.


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    #7
    _Nuno_
    Registered Users Posts: 188 ✭✭_Nuno_


    Victor wrote: »
    Then give your notice as soon as possible, but make sure you are gone by the 12 days. Make sure tha thte landlord understands what is going on - that they gave you a lease for X with no notice period and this is what you are availing of.

    Yes, that is what I am planning to do, the only issue is that he can now argue that since I requested to continue on as a part 4 tenancy then I am now due 6 weeks notice.


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    #8
    Bigcheeze
    Closed Accounts Posts: 2,858 ✭✭✭Bigcheeze


    _Nuno_ wrote: »
    Yes, that is what I am planning to do, the only issue is that he can now argue that since I requested to continue on as a part 4 tenancy then I am now due 6 weeks notice.

    No he cant because you're still under the original lease. But tell him straightaway for the sake of good manners.

    The part 4 isn't something created by you and landlord. It's n automatic right after the fixed term.


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    #9
    _Nuno_
    Registered Users Posts: 188 ✭✭_Nuno_


    Bigcheeze wrote: »
    No he cant because you're still under the original lease. But tell him straightaway for the sake of good manners.

    Yes, I intend to do that and I wish I had done it straight away instead of asking for part 4.
    Bigcheeze wrote: »
    The part 4 isn't something created by you and landlord. It's n automatic right after the fixed term.

    OK. Thanks.


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