New Lease needed every year??

bigbadcon

Hi folks,

Just a quick question regarding Part 4 Tenancy rules and fixed leases....

We are renting our house out at the moment and our tenants have just reached the end of their 1 year lease. They are great tenants and we want them to stay in the house.

From what I've read Part 4 Tenancy rules kick in after 6 months of them being in the house.

My question is this...

Do we need to keep doing up an annual lease every year or is it irrelevant due to Part 4 rules kicking in?

Thanks for your help.

bigbadcon

Victor

Most people are happy to let things run on a Part 4 basis.

A landlord is entitled to ask for a lease to be signed, but there is no obligation for the tenant to sign one.

Some estate agents are pushy to get tenants to sign, so they can collect a fee.

If there are any changes, e.g. to the rent or inventory, that can be dealt with is a simple letter or memo.

djimi

A signed lease can offer more security to both parties (neither party can invoke the termination clauses of the part 4 tenancy while a fixed term lease is in effect), but neither party can insist that the other signs a further lease.

Just be aware that in some ways a fixed term lease actually lessens your rights as a landlord. Even under a current FTL the tenant can still look to reassign the remainder of the lease and leave (something that you legally cannot refuse), whereas you have no real options to terminate a fixed term lease early, except for where the tenant has broken the terms of the lease or has fallen into arrears.

BigAl81

Hi,

I'm in a similar situation, 1 year lease completed and going month to month the last while. We agreed to pay an increase on the rent to reflect market rates and now the agent wants a new lease.

I said no, he said I need to as the rent has increased. I said we agreed that in writing via email so that takes care of that, and we are happy to go under the provisions of Part 4 tenancy etc.

They reply I got was "I've been doing this for years, don't worry yourself with researching this, just sign a new lease" which is very cheeky to say the least!


From Threshold.ie
"Once the lease expires there is no obligation to sign a new lease and your tenancy cannot just be ended due to not signing a new lease. "

Also from Threshold (http://www.threshold.ie/advice/tenancy-issues/security-of-tenure/ )
"There is no obligation on you to sign another lease."

Hopefully the above may be of help to others. I'll let you know how I get on with my Mr Know-it-all agent!!


Cheers,
Alan.

djimi

What a cheeky prick! I wouldnt be able to resist a smart reply along the lines of "as you have been doing this for years you should know that there is no legal obligation to sign a renewed lease" and include the links that you have there.

Gatling

What does a rent supplement tenant say or do when social welfare ask for a new lease every rent review ??
Can they refuse

BigAl81

djimi wrote: »

What a cheeky prick! I wouldnt be able to resist a smart reply along the lines of "as you have been doing this for years you should know that there is no legal obligation to sign a renewed lease" and include the links that you have there.

I haven't replied to that email yet, but your suggestion is the leading contender for a reply at the moment ;o)

If he is going to be condescending, he should at least make sure he is right ;o)

Cheers,
Al.

D3PO

Id go with Djimis response too.

Given they cheek of them Id also add.

Look I know your trying to cream off an unnessecary fee from the landlord by getting me to sign but Im not going to be a pawn in your game but if perhaps if you want to sent me another smart arse response that you would rather deal with this all via a PRSA complaint ?

That should just about cover it nicely

BigAl81

Hey,

Just for clarity, I mailed Threshold and got the following reply...

"Thank you for contacting Threshold with your query.
There is no legal obligation on you to sign a new lease and you cannot be given notice if you chose not to do so."

I'll post back when the agent accepts he was wrong ;o)

Cheers,
Alan.