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Requesting a Part 4 lease?

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  • 20-05-2013 9:52am
    #1
    Moderators, Society & Culture Moderators Posts: 30,657 Mod ✭✭✭✭


    I'm moving next month, and next year I'm planning to emigrate. I could leave in January or June or any time in between. A fixed term lease would be a pain if we want to leave early, and a part 4 lease would suit us perfectly. Can you request a part 4 lease? Would landlords be likely to agree to that? Would most private landlords even know what it is?


Comments

  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    You mean initially? You could ask, but i cant imagine many, if any, landlord would be willing to rent to you without you signing a fixed term. Perhaps a 6 month lease would be the way to go? Or a year lease with a break clause? You might have a better chance of getting either of those.

    You wont actually be getting a part 4 lease; you dont acquire that until you have been in a property for 6 months. For the first 6 months you basically would have no lease; you are still covered by the residential tenancy act, but you have no real protection in terms of being asked to leave (28 days notice with no reason required).


  • Moderators, Society & Culture Moderators Posts: 30,657 Mod ✭✭✭✭Faith


    djimi wrote: »
    You mean initially? You could ask, but i cant imagine many, if any, landlord would be willing to rent to you without you signing a fixed term. Perhaps a 6 month lease would be the way to go? Or a year lease with a break clause? You might have a better chance of getting either of those.

    You wont actually be getting a part 4 lease; you dont acquire that until you have been in a property for 6 months. For the first 6 months you basically would have no lease; you are still covered by the residential tenancy act, but you have no real protection in terms of being asked to leave (28 days notice with no reason required).

    Thanks for the quick reply! How do you get a part 4 lease so, generally speaking?

    It would probably be best to try and negotiate a break clause as you suggest, thanks :).


  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    Part 4 rights are something that are acquired by a tenant automatically after 6 months in a tenancy, regardless of the lease type. Generally speaking from what I can tell most tenants on a part 4 lease started out on a fixed term and didnt renew when it expired.


  • Moderators, Society & Culture Moderators Posts: 30,657 Mod ✭✭✭✭Faith


    djimi wrote: »
    Part 4 rights are something that are acquired by a tenant automatically after 6 months in a tenancy, regardless of the lease type. Generally speaking from what I can tell most tenants on a part 4 lease started out on a fixed term and didnt renew when it expired.

    That's great, thanks. I got completely confused about what a part 4 lease was :).


  • Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    I wouldn't go for a break clause because it can be used against you too. At least with a 6 month contract you can renew or extend it early.


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