Part 4 Tenancy Questions

Vojera

Hi all,

I've read the Citizens Information page about Part 4 tenancies but I just want to ask a few questions to make sure I understand correctly.

I'm in my current home three and a half years at this stage, so obviously coming to the end of a Part 4 cycle. We haven't thought about whether we'll stay yet (assuming the landlord wants us), but I want to be sure we do everything right.

1. If we do stay, am I correct in thinking that we start a fresh tenancy as though we never lived there and our Part 4 rights don't kick in until we're there six months into the "new" tenancy?

2. If we decide to leave, do we still need to give our 56 days notice or is there an assumption that we'll be leaving once our four years are up? (In practise we would, of course, be giving notice and not just up and leaving; I just want to be sure we give the right amount).

3. On the landlord's side, does he have to give us 112 days notice or, as above, is it assumed we'd be leaving at the end of the four years and he could give us a month if he wanted.

We have been renewing year on year throughout the tenancy but I assume Part 4 still applies?

It's all hypothetical as we've a good relationship with our landlord (we don't bother him, he doesn't bother us, rent is never late and things get fixed quickly) so we'll most likely stay if he'll have us, but just in case!

D3PO

interesting questions. re question 1 yes its as if you have just started a new part 4 tenancy i.e the LL can ask you to leave for any reason within the first 6 months etc.

Re 2 you would still have to give 56 days notice to vacate if you decided to leave.

Im not sure on the answer to Q3. Logic tells me you would still be entitled to 112 days notice but that's not based on anything other than my opinion so I could be wildly wrong.

djimi

The tenancy doesnt "reset" as such; the terms of the original lease would still be in force while you remain in the tenancy, and you would still be entitled to 112 days notice from the landlord after 4 years. Only the four year cycle resets, so as you say you could be asked to leave for any reason in the first 6 months of the new cycle, with 112 days notice this time around.

djimi

D3PO wrote: »

Im not sure on the answer to Q3. Logic tells me you would still be entitled to 112 days notice but that's not based on anything other than my opinion so I could be wildly wrong.

I cant find it in the RTA but Citizens Information has the notice period listed as "4 years or more", and when I asked Threshold about this they confirmed that it remains 112 days after 4 years for however long the tenancy exists.

D3PO

djimi wrote: »

I cant find it in the RTA but Citizens Information has the notice period listed as "4 years or more", and when I asked Threshold about this they confirmed that it remains 112 days after 4 years for however long the tenancy exists.

Yeah that's what my opinion was based on too, but I honestly cant say 100% I'm right.

odds_on

We have been renewing year on year throughout the tenancy but I assume Part 4 still applies?

The fact that you have been renewing your tenancy every year in the form of a fixed term tenancy is important as a fixed term takes precedence over your Part 4 rights.

As has been discussed many times on Boards, when a fixed term lease expires, the tenancy is finished. Thus, after 4th consecutive fixed term tenancies expires, the tenancy is terminated automatically and you either go for a 5th fixed term for the added security - ot you opt for a Part 4 tenancy with less security and the possibility (after 4 years in the property) of being evicted for no reason and the landlord must give you 112 days notice.
If you don't renew the fixed term and remain in the property, even for one day after the the fixed term expires, you pass to a Part 4 tenancy and you must give 56 days notice - but you do not have to assign the lease and may leave and retain your deposit (less any damage in excess of normal wear and tear).

If you wish to vacate at the end of the 4 years, you may do so without any notice (as the fixed term comes to an end). If you wish to remain for a 5th year under another fixed term agreement for the security of tenure (in which case the landlord cannot evict you unless you are in breach of your obligations), you should advise the landlord within 3 to 1 months of the termination of the present fixed term agreement.

djimi

D3PO wrote: »

Yeah that's what my opinion was based on too, but I honestly cant say 100% I'm right.

Im fairly sure that the RTA says the same as Citizens Information, but I couldnt for the life of me find the relevant section when I went looking this morning.

Vojera

Thanks for the information. It's not written very clearly so I just wanted to be sure I was on the right page.