What is the tenancy notice period in my case?

john_doe2

Hello,

On this December, it will be exactly 4 years since I have been renting current apartment. Lease agreement was 'Fixed Term Tenancy Agreement' with the lease duration of 12 months. Lease also states that 'Residential Tenancies Act 2004' applies to this agreement. It also states following: 'If the tenancy continues beyond the find date of the term of this agreementm then either the Tenant or Landlord may end it by giving the other party not less than 4 weeks written notice'

This is the only document I have signed with Landlord. There were no problems at all during the last 4 years.

Question I have: what is the notice period I have to give to the landlord? Does it make any difference if I give notice before December, or after December?

According to RTA2004, my notice is supposed to be 56 days, however, our agreement states it is 4 weeks, so which one takes precedence?

Thanks in advance!

TheBandicoot

The notice period in the RTA2004 takes precedence over whatever the lease might say in this and all cases.

Mrs OBumble

TheBandicoot wrote: »

The notice period in the RTA2004 takes precedence over whatever the lease might say in this and all cases.

This is true: the LL cannot just give you four weeks notice, they have to abide by the act and give you at least the Act's required notice.

But once notice is given you can mutually agree to a shorter period.

If the LL believes that you are required to give a shorter period of notice, then it may be useful to subtly take advantage of this while coming to a suitable period.

john_doe2

Thanks on quick reply.

I am not sure if I fully understand RTA2004, but does it mean that after first 4 year cycle ends, which, in my case, would be December, that notice I have to give to landlord is 28 days (duration of tenancy is less than 6 months since it is a new cycle) or 56 days (duration of tenancy is over 4 years)?

Thanks!

foggy_lad

john_doe2 wrote: »

Thanks on quick reply.

I am not sure if I fully understand RTA2004, but does it mean that after first 4 year cycle ends, which, in my case, would be December, that notice I have to give to landlord is 28 days (duration of tenancy is less than 6 months since it is a new cycle) or 56 days (duration of tenancy is over 4 years)?

Thanks!

After December it is 56days as it is a new 4 year period but the notice periods do not get reset.

The_Conductor

john_doe2 wrote: »

According to RTA2004, my notice is supposed to be 56 days, however, our agreement states it is 4 weeks, so which one takes precedence?

Thanks in advance!

You actually managed to answer your question yourself:

john_doe2 wrote: »

Tenant or Landlord may end it by giving the other party not less than 4 weeks written notice'

*Not less than 4 weeks notice*- because this is the minimum notice a tenant may give to a landlord to vacate the tenancy. The 4 weeks notice would refer to a tenancy of less than 6 months under the 2004 Act- and is a minimum require.

In your case- the maximum requirement from the perspective of serving notice is reached once you have been resident for 2 years- and this is the aforementioned 56 days.

As per the above comment- it does not reset after 4 years.

From a landlord's perspective- once you have been resident for 4 years- they have to give you 112 days notice to terminate the tenancy. This is an increase on the 84 days notice they would have had to give you for a tenancy of between 3 and 4 years duration.

At the start of the 4 year cycle- the landlord can terminate the tenancy without reason again (for the first 6 months of the cycle)- however- they still need to give you the requisite notice- 112 days.

From the

john_doe2

Thank you all, I understand now my rights & obligations