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Part 4 Tenancy

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  • 22-04-2016 10:44am
    #1
    Hrududu
    Registered Users Posts: 1,711 ✭✭✭


    I just wanted to check something on this.

    A year ago I signed a fixed term lease on an apartment. As the year was coming to an end I knew I wanted to stay on in the apartment. I knew that I would have part 4 tenancy. But from looking at www.citizensinformation.ie it looked like I needed to inform my landlord:
    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.

    So I sent an email to the letting agent telling them I was hoping to stay on. I never actually mentioned Part 4 tenancy in the email though, not sure if that matters.

    The letting agent sent me a new fixed term lease for 12 months. Now I plan on staying for the 12 months. So I'm wondering is there a disadvantage to signing this? Or should I just tell the letting agent that there is no need for me to sign it due to having Part 4 Tenancy?


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    #2
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    Main disadvantage is you can't move out inside the 12 months if you change your mind and want to move.

    Main advantage is you can't be asked to move out inside the 12 months (unless there is a clause in the contract for terminating the lease in the event of the house being sold/owner moving in).


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    #3
    ED E
    Registered Users Posts: 36,167 ✭✭✭✭ED E


    Think you mean can't not can there nox.


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    #4
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    No real advantage in signing it, except as said above it might prevent them from kicking you out if the LL wants to move a relative in or sells the house. If the lease has a clause for this situation I wouldn't sign it.

    Just for anyone else reading this, the reason behind having to notify them that you're staying on is so you don't become liable for costs if they advertise for a new tenant etc. under the presumption that you're leaving. If you never say anything they can't kick you out as a result.


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    #5
    Kai123
    Registered Users Posts: 249 ✭✭Kai123


    TheChizler wrote: »
    No real advantage in signing it, except as said above it might prevent them from kicking you out if the LL wants to move a relative in or sells the house. If the lease has a clause for this situation I wouldn't sign it.

    Just for anyone else reading this, the reason behind having to notify them that you're staying on is so you don't become liable for costs if they advertise for a new tenant etc. under the presumption that you're leaving. If you never say anything they can't kick you out as a result.

    Could that be verbally done? I never asked my landlady for a new lease since I plan on moving out at some point soon anyway (with plenty of notice).


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    #6
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    Kai123 wrote: »
    Could that be verbally done? I never asked my landlady for a new lease since I plan on moving out at some point soon anyway (with plenty of notice).
    Technically yes but it's always good to have a written record.


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