Fixed Term Lease Lapsed, Now a Part 4. Notice Period?

Mickah

I had a fixed term lease that ran out a couple of months ago. I agreed we'd go monthly with the landlord so I assume I'm a Part 4 now. I have been in the property 3 years.

Does Part 4 run concurrently with Fixed term, i.e. if he wants to me to vacate due to selling the property is my Part 4 from the very start of my being in the property or just from the expiration of the fixed term lease?

Trying to figure how much notice he should give me. (See table below)

Notice Period Duration of Tenancy
28 days Less than 6 months
35 days >6 months and <1 year
42 days >1 year and <2 years
56 days >2 years and years
84 days >3 years and <4 years
112 days >4 years

Chris_5339762

Does Part 4 run concurrently with Fixed term

Basically, yes So after three years you'll be 84 days notice, unless you come to another agreement with the landlord which is entirely possible. Given that you're "going monthly" he mightn't have any idea of the Part 4 rules so may be amenable to much less notice than what Part 4 suggests.

Mickah

Thanks Chris,
Do Part 4s run in 4 years cycles? So if I was in my 5th year I'd revert to year #1?

Or is it just over 4 years is 112 days?

djimi

After 4 years a new part 4 tenancy starts. It is my understanding that for the first 6 months of each cycle the terms of termination do not apply (ie the landlord can terminate the tenancy for any reason in those 6 months) but that the 112 days notice will always apply after 4 years.

Grolschevik

I read somewhere on here that to avail of a part 4 tenancy you must inform your landlord of your intention to do so (at some point, maybe 6 months into your lease? Can't remember).

So what is the status of what would be a part 4 tenancy (eg three years in) if the tenant didn't inform the landlord as to his intention?

djimi

If you dont inform your landlord of your intention to remain on a part 4 (within 3 months of the lease ending I think) then you can be held liable for any costs that the landlord has incurred (readvertising etc). It does not affect your right to remain on a part 4; these rights are gained automatically after 6 months and cannot be revoked under any circumstances.

Grolschevik

djimi wrote: »

If you dont inform your landlord of your intention to remain on a part 4 (within 3 months of the lease ending I think) then you can be held liable for any costs that the landlord has incurred (readvertising etc). It does not affect your right to remain on a part 4; these rights are gained automatically after 6 months and cannot be revoked under any circumstances.

Ah, right!