What rights does a tenent have after renting an apartment for 1 year

JakeArmitage

I am coming to the end of a 1 year lease in a 1 bedroom apartment in Waterford. Everything is fine but the landlord said he will probably have to up the rent a small bit if I decide to stay on. I am currently paying 500 and I may be willing to accept an increase to 525 but not more than that.How would you recommend I go about negotiating. If I decide to stay a second year do I have to sign a second lease for the year and would I be subject to losing my deposit if I decided to leave within that second year?

Holysock

JakeArmitage wrote: »

I am coming to the end of a 1 year lease in a 1 bedroom apartment in Waterford. Everything is fine but the landlord said he will probably have to up the rent a small bit if I decide to stay on. I am currently paying 500 and I may be willing to accept an increase to 525 but not more than that.How would you recommend I go about negotiating. If I decide to stay a second year do I have to sign a second lease for the year and would I be subject to losing my deposit if I decided to leave within that second year?

Sorry not really answering your question about deposits and the new lease, but are you sure that the landlord can increase the rent this year? With the new rules that came in last December I was under the impression that a rent increase can't occur for 2 years if a lease began in 2015

I'm open to correction but I also started 1 year lease last year so was planning on citing this to deal with any potential increase this year!

http://www.threshold.ie/advice/dealing-with-problems-during-your-tenancy/how-to-deal-with-rent-increases/

JakeArmitage

Yes but if my lease is up in April and I decide not to agree to an increase and direct him to that threshold link then cant he simply give me my notice

Holysock

You have been there for more than 6 months so you have Part 4 tenancy rights now. Someone asked a similar question before here: http://touch.boards.ie/thread/2057496385/1

CiboC

You have part IV tenancy rights, you should make yourself familiar with them:

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

With the new regulations that came into place the landlord can't increase the rent until 24 months after the start of the tenancy. I wouldn't shove it down their throat as they may well have intended to raise the rent after 1 year but have had the rug pulled from under them.

JakeArmitage

Do I have to write to the landlord informing him I intend to stay on and invoking my part 4 rights? Or can I just say nothing

JakeArmitage

So what I'm getting from doing a bit of reading is that

a. I moved in last april, he can't suggest a rent hike until april 2017
b. I can now stay for 3.5 years(unless he wants to use the apartment for personal use)
c.I don't have to sign a new lease

I don't think he will like this whatever way I inform him

TheChizler

JakeArmitage wrote: »

Do I have to write to the landlord informing him I intend to stay on and invoking my part 4 rights? Or can I just say nothing

They're automatic so no need to invoke them. While it's debatable from your point of view if you want to leave at the end of the lease whether you should give notice or not (I think you do have to), you don't need to when you intend to stay on as you have part IV. However it would be a courtesy to tell the landlord in case they're expecting you to leave and have advertising/new tenants lined up.

Edit: Ignore that, The_Conductor has the answer. Not sure why I thought the above. Think I got what to do when leaving or staying on mixed up.

The_Conductor

If you were on a 1 year lease- and intend to stay in the property after the elapse of the lease, under Part IV arrangements- you are supposed to notify the landlord at least 1 month prior to the elapse of the fixed term lease of your intentions- or else you are liable for any advertising or other costs the landlord may incur in their attempt to relet the property. You should notify them in writing of your intention.

As for the rent increase- yep- its April 2017 for you.

JakeArmitage

The_Conductor wrote: »

If you were on a 1 year lease- and intend to stay in the property after the elapse of the lease, under Part IV arrangements- you are supposed to notify the landlord at least 1 month prior to the elapse of the fixed term lease of your intentions- or else you are liable for any advertising or other costs the landlord may incur in their attempt to relet the property. You should notify them in writing of your intention.

As for the rent increase- yep- its April 2017 for you.

But if I intend to stay and verbally told him so then do I still need to inform him in writing ?

TheChizler

JakeArmitage wrote: »

But if I intend to stay and verbally told him so then do I still need to inform him in writing ?

The link above has a sample letter which, when registered, would be the most reliable way to inform them in case of any denial of the conversation ever happening. But copying and pasting it into an email should be ok.

The_Conductor

JakeArmitage wrote: »

But if I intend to stay and verbally told him so then do I still need to inform him in writing ?

Yes- you *need* to inform him in writing. Verbal is not sufficient.

Exclamation Marc

Double checking here - you're not living with the landlord are you?

CiboC

The_Conductor wrote: »

Yes- you *need* to inform him in writing. Verbal is not sufficient.

Strictly speaking you don't have to inform the LL at all, you aquire part IV rights automatically.

In this case, as you are on a fixed term lease, you do leave yourself open to having to reimburse the LL for any expenses they had as a result of expecting you to leave (e.g. advertising the property) if you do not do it in writing, but it does not mean that you are not covered under a part IV tenancy.

For the sake of good relations it would be better to make sure your intentions are clear though!

The Randy Riverbeast

You don't have to sign a new lease but if you are sure you'll be there for the next year it might be worth doing. Part 4 has a few situations where you can be told to leave (such as selling the property) but if they are selling the property with a lease it is carried over to the new landlord.

Just something to keep in mind.

I would send an email to the LL informing them you wish to stay, even if you don't have to it is polite.

The_Conductor

CiboC wrote: »

Strictly speaking you don't have to inform the LL at all, you aquire part IV rights automatically.

In this case, as you are on a fixed term lease, you do leave yourself open to having to reimburse the LL for any expenses they had as a result of expecting you to leave (e.g. advertising the property) if you do not do it in writing, but it does not mean that you are not covered under a part IV tenancy.

For the sake of good relations it would be better to make sure your intentions are clear though!

If you do not formally inform the landlord of your intention to continue a tenancy under Part IV rights- on the elapse of a fixed term tenancy- you are liable for any agent or reletting costs incurred by the landlord. I was not debating the right of the tenant to Part IV rights (which he automatically acquired after 6 months)- simply his obligation to inform the landlord of his intention to continue the tenancy after the elapse of the fixed term in the original lease.

If you don't formally notify the landlord on the elapse of a fixed term lease, of your intention to continue the tenancy (under Part IV rights)- you are liable for any reletting costs the landlord may incur.