Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Lease conditions confirmation

Options
  • 29-04-2015 1:41am
    #1
    TimTim
    Registered Users Posts: 804 ✭✭✭


    Hey,

    I'm in the process of getting my first rented apartment and I've gotten a copy of the lease from the landlord which the front page claims is a fixed term tenancy agreement and by the looks of the copyright notice has come from the "Dublin Solicitors Bar Association".

    So this is a lease for 12 months for an apartment but while reading through the document there were some clauses that caught my eye and don't necessarily match up with my understanding of the various acts.
    Further to the tenants lease expiring: if the tenant wishes to stay in occupation of the property they must sign a fixed term lease agreement under their tenancy obligation.

    After 6 months without having been served with a termination for being in breach, I gain part 4 rights and with written notice before my lease is up I'm good for the next 4 years. However there is nothing I know of obligating me to sign another fixed term lease? Right or wrong?
    The Landlord, and not the Tenant, may terminate this Agreement at any time without reason prior to the expiration of six months from the commencement of the Term herein by giving the Tenant 28 days notice in accordance with Part 5 of the 2004 Act.

    Again given this is a fixed term agreement, short of one of us breaching the other conditions in the lease - this is non-enforceable right?

    I'm not sure if I'm being overly paranoid and this is just how a template lease agreement doesn't always work.

    Any advice would be appreciated!


Comments

  • Options
    #2
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    You are correct on the second point.

    http://www.prtb.ie/dispute-resolution/disputes/terminating-a-fixed-term-tenancy
    A landlord can only terminate a fixed term tenancy where the tenant has been in breach of his or her obligations

    For the first point, I'm not so sure. You are entitled to your part 4 rights but if there's a clause in the lease to oblige you to sign a fixed term lease, I don't know why that would be precluded unless it diminished your part 4 tenure rights. Part 4 is separate to fixed term and periodic tenancies.


Advertisement