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lease notice

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  • 22-02-2013 10:42pm
    #1
    MariMel
    Registered Users Posts: 323 ✭✭


    I am sure I have read the answer to this in one of the many many threads on the topic of leases in the past but try as I might I am not looking at the right ones.....

    I would like to know what way do you end or continue a lease that has been signed for one year and is soon to end.
    If the landlord wants the tenancy to continue is there a specified length of time before the lease ends that the landlord has to ask the tenant if they intend on staying?
    Likewise if the landlord wants the tenancy after the year.


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    #2
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    without being pedantic if your a tennant you only have to worry about what you have to do not what the landlord has to do.

    If you want to continue you can and you do not have to sign a new lease as after 6 months you are entitled to part 4 tennancy agreements. If you want to stay you have two options officially.

    1. You sign a new fixed term lease
    2. You notify the landlord in writing that you want to remain at the property under a part 4 tennancy agreement.

    You do not have to sign a new lease to stay and you cannot be made leave unless the landlord requires the property under one of the provisions laid out by the RTA 2004


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    #3
    MariMel
    Registered Users Posts: 323 ✭✭MariMel


    D3PO wrote: »
    without being pedantic if your a tennant you only have to worry about what you have to do not what the landlord has to do.

    If you want to continue you can and you do not have to sign a new lease as after 6 months you are entitled to part 4 tennancy agreements. If you want to stay you have two options officially.

    1. You sign a new fixed term lease
    2. You notify the landlord in writing that you want to remain at the property under a part 4 tennancy agreement.

    You do not have to sign a new lease to stay and you cannot be made leave unless the landlord requires the property under one of the provisions laid out by the RTA 2004


    I understand the moving to a part 4 tenancy if nothing is done after the year is up.
    I am more interested in knowing that if the landlord is looking for the property back at the end of a years lease....would they have had to inform their tenant a month, 2 months, 2 weeks before the end date or can they inform the tenant at any time right up to the end date that they do not intend on the tenancy continuing longer than the year?


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    #4
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Normally this would be spelt out in the lease itself. Typically its 30 days- subject to legal rights on both parties being met. Check the lease- normally its very clear about notice periods etc.


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


    MariMel wrote: »
    I understand the moving to a part 4 tenancy if nothing is done after the year is up.
    I am more interested in knowing that if the landlord is looking for the property back at the end of a years lease....would they have had to inform their tenant a month, 2 months, 2 weeks before the end date or can they inform the tenant at any time right up to the end date that they do not intend on the tenancy continuing longer than the year?

    At the end of a fixed term lease, the fixed term ends for both landlord and tenant.

    However, the tenant (and, I believe, the landlord) acquires Part 4 rights once s/he has been in the property for 6 months; thus for the second half of the fixed term both types of tenancy exist side by side, with the fixed term taking precedence as it gives the tenant more security of tenure i.e. there can be no eviction by the landlord unless the tenant is in breach of his/her obligations.

    If the tenant wishes to take advantage of his/her Part 4 rights at the end of the fixed term, s/he should advise the landlord in writing between 3 months and 1 month prior to the termination date of the fixed term otherwise, if the landlord has advertised the property the tenant may be liable for the landlord's expenses.

    There is a differing of opinion as to whether a landlord who wants to regain possession of his property at the end of a fixed term lease can issue a valid notice of termination to evict a tenant at that time. Some people reckon that the landlord may only issue a valid notice once the fixed term has ended.

    My personal opinion is that the landlord can issue a valid notice of termination any time after the first six months (i.e. once the Part 4 rights have kicked in) and that provide the correct notice period is given, the notice of termination could expire at the same time as the fixed term expires. If this case the notice period would be 35 days.

    If a valid notice of termination can only be issued once the fixed term has expired than, as the tenant would have been in the property for more than 1 year but less than 2 years, the notice period given by the landlord must be 42 days.


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