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Coming to end of lease

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  • 30-03-2014 7:18pm
    #1
    Greenmachine
    Registered Users Posts: 5,063 ✭✭✭


    Hey guys signed a 12 month lease in May of last year. I have not had any communication from the EA during the tenancy apart from 1 inspection about 2 months ago. Do I have to do anything to remain in the property after the 12 months. Am I entitled to claim Part 4 tenancy if required. Wondering about the possibility of a possible rent increase at this stage. How much notice would the landlord/EA be required to provide if they wished to apply a rent increase. I assume I don't have to enter a new contract even if they do increase the rent. Frankly what I am paying now, I think is about the max that such a small place should command. Obviously I am not in charge of the market. Just stating my position. Thanks in advance guys.


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    #2
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Greenmachine wrote: »
    Hey guys signed a 12 month lease in May of last year. I have not had any communication from the EA during the tenancy apart from 1 inspection about 2 months ago. Do I have to do anything to remain in the property after the 12 months. Am I entitled to claim Part 4 tenancy if required. Wondering about the possibility of a possible rent increase at this stage. How much notice would the landlord/EA be required to provide if they wished to apply a rent increase. I assume I don't have to enter a new contract even if they do increase the rent. Frankly what I am paying now, I think is about the max that such a small place should command. Obviously I am not in charge of the market. Just stating my position. Thanks in advance guys.

    What sort of lease is it, are you renting the entire house yourself? Assuming you are then you acquire part 4 after 6 months, so you only have to tell the landlord that you will be staying on under part 4. Not doing so doesn't mean you are not on part 4, it will just mean you might have to compensate them if they thought you were moving out and took out ads in the paper for a new tenant.

    Yes, your rent can be reviewed every 12 months and you need 28 days written notice. The increase must be in line with market rates. If you dispute it then you contact the PRTB (after negotiating with the LL of course).

    You do not have to enter a new contract if you do not wish to, but a new lease may confer additional rights to you which might be favourable. It cannot remove/reduce your statutory rights.

    http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html
    http://www.citizensinformation.ie/en/housing/renting_a_home/rent_increases.html


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    #3
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    You will automatically gain part 4 rights after 6 months renting. You do not need to sign a new lease. If the landlord wishes to increase the rent they must give 28 days notice and it must be in line with market rates. If it is in excess of this, you may open a dispute with the PRTB.


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    #4
    Greenmachine
    Registered Users Posts: 5,063 ✭✭✭Greenmachine


    Thanks guys. Reasons for not wanting to enter a new lease is that I would prefer a bigger place, an increase in rent would give me additional motivation for wanting to do that.


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    #5
    Claw Hammer
    Registered Users Posts: 6,238 ✭✭✭Claw Hammer


    Greenmachine wrote: »
    Hey guys signed a 12 month lease in May of last year. I have not had any communication from the EA during the tenancy apart from 1 inspection about 2 months ago. Do I have to do anything to remain in the property after the 12 months. Am I entitled to claim Part 4 tenancy if required. Wondering about the possibility of a possible rent increase at this stage. How much notice would the landlord/EA be required to provide if they wished to apply a rent increase. I assume I don't have to enter a new contract even if they do increase the rent. Frankly what I am paying now, I think is about the max that such a small place should command. Obviously I am not in charge of the market. Just stating my position. Thanks in advance guys.

    Residential Tenancies Act 2004

    195.—(1) In this section “relevant dwelling” means a dwelling, the subject of a tenancy that is for a fixed period of at least 6 months.
    (2) The tenant of a relevant dwelling, if he or she intends to remain (on whatever basis, if any, that is open to him or her to do so) in occupation of the dwelling after the expiry of the period of the tenancy concerned, shall notify the landlord of that intention.
    (3) That notification shall not be made to the landlord—
    (a) any later than 1 month before, nor
    (b) any sooner than 3 months before,
    the expiry of the period of that tenancy.
    (4) If a tenant fails to comply with subsection (2) and the landlord suffers loss or damage in consequence of that failure the landlord may make a complaint to the Board under Part 6 that he or she has suffered such loss or damage.
    (5) An adjudicator or the Tribunal, on the hearing of such a complaint, may make a determination, if the adjudicator or the Tribunal considers it proper to do so, that the tenant shall pay to the complainant an amount by way of damages for that loss or damage.


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