Do I need to give notice at end of fixed-term lease?

JohnCleary

I've had (excellent) tenants in my place for the past 2 years.

The lease is up in June (fixed term, 6 month). So they'd have signed 4 x 6 month leases at this stage.

I will be moving into the property myself, which I own (otherwise i'd keep them, excellent tenants as I mention above)

If, for example, the lease is up on 1 June, is it sufficient to write them a letter on 1 May stating that the lease won't be renewed?

I get along very well with them so will actually give them more notice via phone first and then send the letter out of protocol, but I want to know what my legal obligation is (if any)

Cheers

Graham

Yes you will need to give notice as your tenants have now acquired Part 4 rights.

Lots of info on the PRTB website:

Notice periods for notice of termination:
http://www.prtb.ie/dispute-resolution/disputes/the-three-stages-of-a-tenancy/notice-periods-for-notice-of-termination

Checklist for Landlord Service a Valid Notice of Termination:
http://www.prtb.ie/dispute-resolution/disputes/the-three-stages-of-a-tenancy/checklist-for-landlord-serving-a-valid-notice-of-termination

JohnCleary

Thanks, good thing I asked.

Didn't realise notice had to be given for a fixed term lease coming to and end ie. not renewing it.

Penny Tration

They have part 4 tenancy rights.

So they have to be given correct notice. For over 1 year, under 2 years, it's 42 days notice.

For over 2 years, it's 56 days.

TheChizler

Think of it this way: you can't give too much notice. Let them know sooner rather than later.

JohnCleary

Cheers folks.

Was planning on telling them in person in April, but while i'm at it i'll also hand it to them in writing. That gives them 2 months which is more than fair.

MrMorooka

Why not tell them now, if you're willing to do it informally? I'm sure they would appreciate the extra time.

JohnCleary

MrMorooka wrote: »

Why not tell them now, if you're willing to do it informally? I'm sure they would appreciate the extra time.

Because i'm not in a position to... what's it to you?

MrMorooka

I'm not criticising, just saying. If you already know you are going to be moving back in, and you respect them as excellent tenants, you could tell them now informally. Wouldn't do any harm and they would appreciate it. If you haven't quite decided that you are definitely moving in though, fair enough.

MrMorooka

MrMorooka wrote: »

I'm not criticising, just saying. If you already know you are going to be moving back in, and you respect them as excellent tenants, you could tell them now informally. Wouldn't do any harm and they would appreciate it. If you haven't quite decided that you are definitely moving in though, fair enough.

He also may not want an empty period and if he tells them too soon they might try to move out sooner too.

athtrasna

JohnCleary wrote: »

Because i'm not in a position to... what's it to you?

Our forum charter requires posters to remain civil. Please bear this in mind

Mod

SarahMollie

JohnCleary wrote: »

Thanks, good thing I asked.

Didn't realise notice had to be given for a fixed term lease coming to and end ie. not renewing it.

Don't know why you would think that you don't have to give notice. Would you expect them to move out same day? Notice is given so that people have time to make alternative arrangements. Especially as this lease has rolled over 3 times already, how would they be expected to know that this wouldn't happen again unless you communicated it to them?

vandriver

JohnCleary wrote: »

Because i'm not in a position to... what's it to you?

If you give too little notice,with the tight rental market now,your tenants might be forced to overhold if they can't find anywhere.

Pkiernan

Posters above have left out this improtant bit of info. The tenant has obligations with regard to Part IV rights:

Claiming a Part 4 tenancy at the end of a fixed-term lease
If you have a fixed-term contract or lease and you wish to remain in the property under the rights acquired under Part 4, you must notify your landlord of your intention to stay in the property. You must do this between 3 months and 1 month before the expiry of your fixed–term tenancy or lease agreement. You can use this sample letter of notification to remain in the property under Part 4.

If you do not notify your landlord, you cannot be refused coverage under Part 4, but you may have to compensate the landlord for any financial loss that they incur because you did not notify them of your intention to remain in the tenancy.

SarahMollie

SarahMollie wrote: »

Don't know why you would think that you don't have to give notice. Would you expect them to move out same day?

Well I suppose in many other aspects of life the end of a contract concludes what ever that contract was for and there is no automatic continuation nor is notice required.

If you hadn't much background knowledge you might assume its the same for renting.

SarahMollie

Bryan Mealy Bonus wrote: »

Well I suppose in many other aspects of life the end of a contract concludes what ever that contract was for and there is no automatic continuation nor is notice required.

If you hadn't much background knowledge you might assume its the same for renting.

Actually not so. Many contracts auto-renew or just carry on unless you serve notice. Think travel insurance for example or your mobile phone. When you buy a phone with an 18 month contract, they don't cut you off at the end of that period, they just bill you month to month until you notify them otherwise.

Also the OP admitted that the contract has rolled over 3 times already. Why would the tenant not assume the same again? For the OP to simply rock up at the end of this particular 6 month period and say "right lads, time to get out" would be extremely strange, and he'd likely end up in an unnecessarily difficult situation.

Further, if you're going to be a landlord, the onus is on you to know these things. Thankfully the OP has asked his question in plenty of time and now knows to take action.

Also, its just the decent thing to do on a human level.

SarahMollie

SarahMollie wrote: »

Actually not so. Many contracts auto-renew or just carry on unless you serve notice. Think travel insurance for example or your mobile phone. When you buy a phone with an 18 month contract, they don't cut you off at the end of that period, they just bill you month to month until you notify them otherwise.

I was thinking any employment related contracts end and that's it for example.

SarahMollie wrote: »

Also, its just the decent thing to do on a human level.

I never suggested otherwise, of course notice should and has to be give I was just giving a possible reason why someone might assume it doesn't.