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Do I need a lease?

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  • 24-05-2015 7:44am
    #1
    browser11
    Registered Users Posts: 20 ✭


    I am renting out my apartment in Dublin short term at the moment during the times I am abroad, which is a lot.

    Do I need to have a lease signed ?

    I would be worried that if it goes over 6 months I might not be able to get a tenant out.
    Or are there other reasons I should have a lease ?

    thanks


Comments

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    #2
    Gasherbraun
    Registered Users Posts: 312 ✭✭Gasherbraun


    It is the length of tenancy that dictates when a tenant gains more security of tenure under Part 4. This happens at six months irrespective of whether there is a lease or not.

    If you are concerned about gaining possession you could use a 12 month fixed term with a 6 month break clause but break clauses need to be worded correctly and by rights mutually beneficial - in other words a tenant can break at 6 months also.

    Tenants tend not to like break clauses because they do not have a full 12 month security of tenure but in the current market it should not be an impediment. Bear in mind though that depending on the location of the property a tenant may struggle to relocate exactly at six months due to shortage of rental stock.

    For the record no lease is required for a tenancy to be valid but they offer some advantages and most (nearly all) tenants expect one for the initial term.


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    #3
    browser11
    Registered Users Posts: 20 ✭browser11


    If no lease is signed I should be able to regain possession from a tenant in situ for say 8 months because I need it to live in it myself.
    Is this correct ?

    My fear is that it could take years to get somebody out.


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    #4
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    browser11 wrote: »
    If no lease is signed I should be able to regain possession from a tenant in situ for say 8 months because I need it to live in it myself.
    Is this correct ?

    My fear is that it could take years to get somebody out.

    A lease, fixed term or otherwise, is a legal requirement. The absence of a lease gives you no protection. A tenant will acquire Part IV rights after six months but moving in yourself is a reason to terminate a Part IV agreement provided the appropriate notice is given.


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