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Rent lease expiring

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  • 03-11-2013 7:21pm
    #1
    rodge123
    Registered Users Posts: 1,454 ✭✭✭


    Hi All

    My girlfriend and myself signed a 1 year lease on an apartment with an estate agent (on behalf of landlord) this time last year.

    The year is up and I haven't heard from them about a new lease.

    I was curious as to what our rights are now?
    Can they ask us to move out at very short notice at any stage now?

    From a financial point of view it's quite good as rent's have gone up in Dublin over the last 12 months....I'd be happy to continue paying the same rent!

    Thanks


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    #2
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    You are now on a part 4 tenancy. More information here: http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

    In terms of the rent, they are entitled to review once in a 12 month period, and can increase in line with the market rental rate for the area. If you do not sign a further lease then this can happen at any time from now. With a signed lease it cannot happen until the lease expires.


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    #3
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    If you want to remain in the apartment, you should advise the landlord/agent (preferably in writing) that you wish to stay, otherwise, you may be liable for any expenses incurred by the landlord in advertising the apartment for rent for the next year.

    It is your choice if you wish to sign another fixed term lease for greater security or sign nothing and move to a Part 4 tenancy which is less secure as the landlord may evict you under certain grounds (which he cannot do with a fixed term lease).

    However, as you will appreciate, you may have to negotiate a new rent as the landlord may wish to increase it. In this case, you have 28 days to bring a claim with the PRTB if you think the increase would bring your rent above "the market rate".

    If you wish to leave during a fixed term and retain your deposit, you must assign the lease - you must find a new tenant and pay the costs in doing so. If you have a Part 4 lease you only have to give the required amount of notice - there is no need to find a replacement tenant.


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


    I'd echo the above.
    You are supposed to inform the landlord of your intention to continue living in the unit, normally within 30 days of the elapse of the tenancy agreement.

    In your current situation- while you have gained Type 4 Tenancy rights- despite the elapse of the lease- its conditions will normally continue to apply- aka they are in addition to, rather than instead of the terms in a type 4 tenancy.

    The landlord may have advertised the property for reletting, given your lack of communication with them. If so- you are liable for any new letting costs they incur.

    The landlord is entitled to review the rent at any time every 12 months (it doesn't have to be at the end of the tenancy)- and realign the rent to prevailing market rates.

    Playing ostrich and sticking your head in the sand, and continuing to pay the rent- isn't ideal. Talk to the landlord and find out what is happening. Don't mention rent increases obviously- just indicate that you're happy to continue renting on your current terms- and see what he/she comes back with.


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    #5
    rodge123
    Registered Users Posts: 1,454 ✭✭✭rodge123


    The_Conductor wrote: »
    I'd echo the above.
    You are supposed to inform the landlord of your intention to continue living in the unit, normally within 30 days of the elapse of the tenancy agreement.

    In your current situation- while you have gained Type 4 Tenancy rights- despite the elapse of the lease- its conditions will normally continue to apply- aka they are in addition to, rather than instead of the terms in a type 4 tenancy.

    The landlord may have advertised the property for reletting, given your lack of communication with them. If so- you are liable for any new letting costs they incur.

    The landlord is entitled to review the rent at any time every 12 months (it doesn't have to be at the end of the tenancy)- and realign the rent to prevailing market rates.

    Playing ostrich and sticking your head in the sand, and continuing to pay the rent- isn't ideal. Talk to the landlord and find out what is happening. Don't mention rent increases obviously- just indicate that you're happy to continue renting on your current terms- and see what he/she comes back with.

    Cheers Conductor.

    I've contacted the estate agent asking if we can sign a new 1 year lease. They have forwarded on the email to landlord.

    Fingers crossed now! :eek:


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