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Refuse rent hike, can I be evicted?

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    #32
    Mrs OBumble
    Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    Butters1979 wrote: »
    Hmm, then it sounds messy but to be honest I'm not sure at all. It would be a weird situation that I doubt any tenant would put up with for so long anyway.

    Don't assume. Depending on what the tenant does (student, seasonal worker) and what their own situation is, they may be happy to move out for a month each year and then move back again.


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    #33
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Mrs OBumble wrote: »
    Don't assume. Depending on what the tenant does (student, seasonal worker) and what their own situation is, they may be happy to move out for a month each year and then move back again.

    Particularly if they've negotiated a below market rent because of the situation.


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    #34
    jobbridge4life
    Closed Accounts Posts: 3,759 ✭✭✭jobbridge4life


    Even at the end of the four year cycle you still have the right to stay on don't you?


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    #35
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    jobbridge4life wrote: »
    Even at the end of the four year cycle you still have the right to stay on don't you?

    No you can be asked to leave without any reason at the end of the 4 year cycle, getting the required notice of course.


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    #36
    jobbridge4life
    Closed Accounts Posts: 3,759 ✭✭✭jobbridge4life


    Cali Harsh Mesh wrote: »
    No you can be asked to leave without any reason at the end of the 4 year cycle, getting the required notice of course.

    Ah I see, what happens if you've had 4 fixed term 1 year leases and have never asserted a part 4 tenancy? Can you initiate one at the end of that final 1 year lease?


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    #37
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    jobbridge4life wrote: »
    Ah I see, what happens if you've had 4 fixed term 1 year leases and have never asserted a part 4 tenancy? Can you initiate one at the end of that final 1 year lease?

    lol, nice try.

    A part 4 tenancy isn't connected to any fixed term lease.


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    #38
    Butters1979
    Registered Users Posts: 1,164 ✭✭✭Butters1979


    Mrs OBumble wrote: »
    Don't assume. Depending on what the tenant does (student, seasonal worker) and what their own situation is, they may be happy to move out for a month each year and then move back again.

    In that case the LL and tenant would have a mutual agreed on this arrangement and therefore any rules and regulations don't really matter.
    jobbridge4life wrote: »
    Ah I see, what happens if you've had 4 fixed term 1 year leases and have never asserted a part 4 tenancy? Can you initiate one at the end of that final 1 year lease?

    Part IV tenancy rights automatically are in place after 6 months and automatically expire after 4 years. You do not have to assert them.


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    #39
    jobbridge4life
    Closed Accounts Posts: 3,759 ✭✭✭jobbridge4life


    Thanks for clarifying. That's a bit crap though isn't it?

    My rent was increased during summer 2015. My lease term ends in summer this year and it is my fourth one. Does this mean the landlord is free to give me the boot so he can charge a new tenant a higher rent again?


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    #40
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    jobbridge4life wrote: »
    Thanks for clarifying. That's a bit crap though isn't it?

    My rent was increased during summer 2015. My lease term ends in summer this year and it is my fourth one. Does this mean the landlord is free to give me the boot so he can charge a new tenant a higher rent again?

    Once he give you the correct notice yes he can ask you to leave if he wants.


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    #41
    jobbridge4life
    Closed Accounts Posts: 3,759 ✭✭✭jobbridge4life


    Cali Harsh Mesh wrote: »
    Once he give you the correct notice yes he can ask you to leave if he wants.

    ...and he can ask the next tenant for a higher rent? In spite of the recent legislation.


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    #42
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    jobbridge4life wrote: »
    ...and he can ask the next tenant for a higher rent? In spite of the recent legislation.

    Yes because the new tenant would be a totally new tenancy unconnected to anything which happened during your tenancy.

    It's not in spite of recent legislation, new legislation is dealing with existing tenants, it was never meant to prevent a LL from doing what you are suggesting. You hardly expect a tenant to be able to have indefinite occupation of a property they don't own.


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    #43
    jobbridge4life
    Closed Accounts Posts: 3,759 ✭✭✭jobbridge4life


    Cali Harsh Mesh wrote: »
    Yes because the new tenant would be a totally new tenancy unconnected to anything which happened during your tenancy.

    It's not in spite of recent legislation, new legislation is dealing with existing tenants, it was never meant to prevent a LL from doing what you are suggesting. You hardly expect a tenant to be able to have indefinite occupation of a property they don't own.

    No, but I didn't expect the law to be so constituted as to in essence incentivise a landlord to evict a tenant either. If I wish to remain the landlord cannot increase the rent, if he boots me he can do so. That is not an intellegent design for the law.

    On the wider point I don't necessarily know that I don't think a tenant, who has behaved appropriately, paid their rent, should have the right to greater security of tenure. Business owners can't arbitrarily dismiss good employees there maybe a case to be made for similar protections for upstanding tenants.


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