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Part 4 tenancy – termination questions

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  • 08-04-2014 1:00pm
    #1
    Class Act
    Registered Users Posts: 43 ✭


    Hi, I have a couple of questions regarding Part 4 and fixed term tenancies.

    Here is the scenario: Tenants moved into the property and a 12 month fixed term lease is signed. At the end of each 12 month lease, the tenant and landlord agree to sign a new 12 month lease. The tenants have now been living at this address for more than 2 years. The existing lease has 6 months to go.

    Questions:

    1) Is a Part 4 tenancy in place because the tenants have been living there for more than 6 months, even though a new lease is signed each year?

    2) If Part 4 is in place, does a tenant have the right to move out giving 56 days notice, without giving reasonto the landlord? (landlord has not broken the terms of the lease)

    3) If a tenant moves out in this scenario and gives the required notice, are they entitled to their deposit back (assuming no damage etc obviously)

    Any advice on this would be appreciated


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    #2
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Yes it is a part 4 tenancy, or rather the tenant has part 4 rights, but the landlord and tenant are still bound by the lease signed so tenants must pay till end of lease if leaving early unless they can assign the lease to someone acceptable to the landlord.


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    #3
    Class Act
    Registered Users Posts: 43 ✭Class Act


    foggy_lad wrote: »
    Yes it is a part 4 tenancy, or rather the tenant has part 4 rights, but the landlord and tenant are still bound by the lease signed so tenants must pay till end of lease if leaving early unless they can assign the lease to someone acceptable to the landlord.

    Thanks, its pretty clear cut so


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


    If you have break clauses in the lease, equivalent to, or superior to those, in the RTA- they have the right to invoke those.
    The idea of the Residential Tenancy Act- is that it provides basic rights for tenants and landlords. You can specify additional rights and obligations in a formal lease- however, strictly speaking, they cannot undermine the rights a tenant has under the 2004 Act.

    If a tenant breaks their lease, but continues to comply with the provisions of the existent Part 4 tenancy- it becomes a civil matter between the tenant and the landlord. If either party breach the terms of the 2004 Act- it could potentially result in a criminal act being perpetrated by one or both parties.

    Strictly speaking- if there is a formal lease in place- the tenant is bound to pay the specified rent, until the elapse of the lease- unless the lease is reassigned with the agreement of the landlord. Subletting is another option- though not for the faint hearted, and could potentially be very troublesome for both the original tenant and the landlord- and is rarely satisfactory to anyone.


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