Lease ended moving out?

razor425

Hi guys,

Can someone inform me what the situation is for moving out of a house after an initial fixed term lease. The situation is that last June I signed a 1 year lease with 2 others until this June. When June arrived we just continued paying rent as normal. Now I am in a situation where I need to move out and I am not sure what is required of me. Do I need to give notice? If so how much? I have heard many conflicting reports on this so good advice is appreciated.

Aye Bosun

Without signing a new lease after your orginal lease expired you automatically moved to a Part 4 tenency, to which there are standardised time periods to end a lease.

Tenants must give notice to end the tenancy, regardless of the reason. The length of notice depends on the length of the tenancy. As you are in the house over 1 year and less than 2 you need to give 42days notice in writing.
See http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

Length of tenancy

Notice by tenant

Less than 6 months
6 weeks (28 days)

6 months to 1 year
5 weeks (35 days)

1 – 2 years
6 weeks (42 days)

2 or more years
8 weeks (56 days)

razor425

42 days.....how does that work? Neither myself or housemates requested to stay longer than the initial lease so how do we automatically get moved to Part 4 tenancy?

quietsailor

razor425 wrote: »

42 days.....how does that work? Neither myself or housemates requested to stay longer than the initial lease so how do we automatically get moved to Part 4 tenancy?

Because it's the law, as simple as that. Your probably in a very small minority where it doesn't suit you but for the vast, vast majority of tenants it gives them/us security of tenure as the LL cannot just tell people to get out.

This is going to feel like a dig at you but I'm not. you really need to inform yourself about these things if you intend to keep renting houses in Ireland. Too many people seem to think they can do whatever they want because "I'm the tenant and I can go to the PRTB" Unfortunately in this case if you leave early and the LL keeps your deposit for the unpaid rent the PRTB will find against you.

dearg lady

You could ask the landlord if they will accept a shorter notice period and see what they say, many will be happy to accomodate the request

djimi

razor425 wrote: »

42 days.....how does that work? Neither myself or housemates requested to stay longer than the initial lease so how do we automatically get moved to Part 4 tenancy?

A part 4 tenancy automatically kicks in for all tenants (who arent renting a room with an owner occupier) after 6 months. The fixed term lease superceeds it until it expires, but after 6 months the part 4 is always there.

If 42 days doesnt suit you then you could always have a chat with the landlord and see if they will agree to less. Chances are they will be happy to allow you give a months notice.

razor425

Thanks djimi and dearg lady, some very good advice there. I will try to discuss it with the landlord.