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Lease changed from 12 to 6 month.

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  • 22-03-2016 5:06pm
    #1
    whisky_galore
    Registered Users Posts: 16,299 ✭✭✭✭


    Hi,

    Had been getting 12 month lease to sign all along, now a 6 month lease has been issued.

    Would there be any possible reason for the change, should I be worried?


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    #2
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    whisky_galore wrote: »
    Hi,

    Had been getting 12 month lease to sign all along, now a 6 month lease has been issued.

    Would there be any possible reason for the change, should I be worried?

    How long are you in the property? If its 6months + then you get part 4, which means you can stay for 4 years, After 4 years you enter a 6 month period again where you can be asked to leave, but back onto part 4 again then.


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    #3
    whisky_galore
    Registered Users Posts: 16,299 ✭✭✭✭whisky_galore


    Reckon 5+ years at this stage.


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    #4
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    whisky_galore wrote: »
    Reckon 5+ years at this stage.

    you are on part 4 so.


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    #5
    Claw Hammer
    Registered Users Posts: 6,241 ✭✭✭Claw Hammer


    The landlord may be thinking of selling!


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    #6
    Giblet
    Registered Users Posts: 11,980 ✭✭✭✭Giblet


    You don't need to sign a lease, you never did unless they challenged your Part 4 after four years. Don't sign it, you have full Part 4 rights.


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    #7
    Claw Hammer
    Registered Users Posts: 6,241 ✭✭✭Claw Hammer


    Part 4 means the tenant can get notice at any time rather than at the end of the lease. It seems to me the landlord is at least hedging his bets.


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    #8
    Giblet
    Registered Users Posts: 11,980 ✭✭✭✭Giblet


    Claw Hammer wrote: »
    Part 4 means the tenant can get notice at any time rather than at the end of the lease. It seems to me the landlord is at least hedging his bets.

    That's also not true, they can only receive notice if the property is being sold and being moved into (which you did suggest earlier), or being moved into by the Landlord or Landlord's family. It cannot be rented to anyone else though.


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    #9
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    It may be that the landlord isn't au fait with the RTA and thinks a 6 month lease stops the OP getting Part IV rights? There has been talk on here in recent months of landlord moving to leases of just under six months to retain control over their properties.


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    #10
    whisky_galore
    Registered Users Posts: 16,299 ✭✭✭✭whisky_galore


    Claw Hammer wrote: »
    The landlord may be thinking of selling!

    It's a set of apartments, were for sale for a good long while. Nothing happened, think bank or something else may have taken them over. Security/guards were stationed outside for a small period last year, gates put up etc.

    Now the management company seem to be doing a lot of sprucing up, installing emergency lighting, cleaning stuff and painting that hasn't been carried out in years.


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    #11
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    athtrasna wrote: »
    It may be that the landlord isn't au fait with the RTA and thinks a 6 month lease stops the OP getting Part IV rights? There has been talk on here in recent months of landlord moving to leases of just under six months to retain control over their properties.

    Why not just offer a periodic tenancy without a fixed period if that were the case? It would seem like a better solution.


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    #12
    Claw Hammer
    Registered Users Posts: 6,241 ✭✭✭Claw Hammer


    Michael D Not Higgins wrote: »
    Why not just offer a periodic tenancy without a fixed period if that were the case? It would seem like a better solution.

    In that situation a tenant could walk off after a month or two. Landlords usually try to minimise turnover.


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    #13
    Butters1979
    Registered Users Posts: 1,164 ✭✭✭Butters1979


    It really does sound like they intend to sell. All speculation though.


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    #14
    Clampdown
    Closed Accounts Posts: 423 ✭✭Clampdown


    Yep, most likely thinking of selling. I would be reluctant to sign it, as you are then obligated to stay there for a full 6 months knowing there's a good chance you will have to move out anyway. As it stands they have to give you 112 days notice as you have Part 4 rights so there's no real advantage for you to sign, it only restricts you.


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    #15
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Clampdown wrote: »
    Yep, most likely thinking of selling. I would be reluctant to sign it, as you are then obligated to stay there for a full 6 months knowing there's a good chance you will have to move out anyway. As it stands they have to give you 112 days notice as you have Part 4 rights so there's no real advantage for you to sign, it only restricts you.

    It gives the OP a longer lead-in, if the landlord does indeed intend to sell.
    Unless there is a break clause in the lease (highly unlikely in a 6 month lease)- the OP cannot be given notice to vacate the tenancy within the lease period- which is a good deal longer than the 112 days as specified in the RTA.

    It gives the OP a few months extra leeway- that they wouldn't necessarily have under Part IV provisions.


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