False information about terminating tenancies

Doc Ruby

I was made aware by user Milk & Honey that some of the information on citizensinformation.ie and the landlord's quick guide is completely wrong or at best very misleading when it comes to tenancy terminations. Specifically the following:

Landlords can terminate a tenancy that has lasted between six months and four years (a Part 4 tenancy) only in the following circumstances:

• After 3 and ½ years
• If the tenant does not comply with the obligations of the tenancy
• If the property is no longer suited to the tenants’ needs (e.g. overcrowded)
• If the landlord needs the property for him/herself or for an immediate family member
• If the landlord intends to sell the property
• If the landlord intends to refurbish the property
• If the landlord plans to change the business use of the property (e.g. turn it into offices).

Set against that is the following PRTB tribunal finding:

However, he said that his agency had relied on part of the “Quick Guide” to the Residential Tenancies Act 2004 in relation to where it said that a landlord can break a tenancy where he or she requires the dwelling for their own use.

...

The Landlords were not entitled to terminate this fixed term tenancy, notwithstanding any advice or information given to them that they were so entitled.

So does this guideline only apply to non-leased tenancies or what? There seems to be very ample room for error and grievance here.

djimi

Those guidelines apply to a part 4 tenancy, ie, a non fixed term lease. If the lease is fixed term then those guidelines about breaking the lease do not apply (someone did say that they are valid if written into the lease but Im not sure how true this is).

Doc Ruby

djimi wrote: »

Those guidelines apply to a part 4 tenancy, ie, a non fixed term lease. If the lease is fixed term then those guidelines about breaking the lease do not apply (someone did say that they are valid if written into the lease but Im not sure how true this is).

Do fixed term leases not fall under part 4 legislation regardless after 6 months? I'm fairly sure they do, above and beyond the lease.

Doc Ruby

Ah okay I think I'm getting a clearer picture now:

When you have acquired a Part 4 tenancy your landlord can terminate your tenancy only in certain circumstances. Read more about if your landlord wants you to leave here. If you want to leave during your Part 4 tenancy and you do not have a fixed-term agreement, you do not have to give a reason but you must give the correct period of notice in writing as required under the Act. (See 'Rules' below).

Thats really not clearly explained there. So if you have a lease the reasons for part four evictions are superseded by the terms of the lease, while part four protections still apply for tenants?

leeroybrown

Doc Ruby wrote: »

Do fixed term leases not fall under part 4 legislation regardless after 6 months? I'm fairly sure they do, above and beyond the lease.

They do. A tenant who has been in residence for more than six months under a "fixed term" tenancy automatically gains a concurrent "part 4" tenancy but that concurrent tenancy can only supplement the rights of the "fixed term" tenancy and not reduce them during that period.

Doc Ruby wrote: »

Ah okay I think I'm getting a clearer picture now:

Thats really not clearly explained there. So if you have a lease the reasons for part four evictions are superseded by the terms of the lease, while part four protections still apply for tenants?

Yes. As stated above, during the "fixed term" lease the stronger terms supersede the concurrent "part 4" tenancy while the extra rights afforded by the "part 4" tenancy still apply.

Milk & Honey

djimi wrote: »

Those guidelines apply to a part 4 tenancy, ie, a non fixed term lease. If the lease is fixed term then those guidelines about breaking the lease do not apply (someone did say that they are valid if written into the lease but Im not sure how true this is).

It is true.
Residential Tenancies Act 2004

58.—(1) From the relevant date, a tenancy of a dwelling may not be terminated by the landlord or the tenant by means of a notice of forfeiture, a re-entry or any other process or procedure not provided by this Part.

(2) Accordingly, the termination by the landlord or the tenant of—

(a) more beneficial rights referred to in section 26 that the tenant enjoys under a tenancy than those created by Part 4, or

(b) a tenancy to which section 25 applies,

must be effected by means of a notice of termination that complies with this Part.

(3) Each of the following—

(a) a tenancy referred to in subsection (2)(a) (unless it expressly excludes this means of termination),

(b) a tenancy referred to in subsection (2)(b), and

(c) a tenancy of a dwelling created before or after the relevant date in so far as its operation is not affected by Part 4,

shall be construed as including a term enabling its termination by means of a notice of termination that complies with this Part (but, in the case of a tenancy that is for a fixed period, unless it provides otherwise, only where there has been a failure by the party in relation to whom the notice is served to comply with any obligations of the tenancy).