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Part 4 tenancy questions

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  • 27-09-2016 4:26pm
    #1
    OctavarIan
    Registered Users Posts: 2,736 ✭✭✭


    I have couple of questions regarding my current renting situation. Apologies if this particular situation has been answered before!

    Signed a fixed-term 12 month lease a little over a year ago. Has been smooth sailing so far (property is managed by a REIT, very little contact with them or the building manager). Reading about Part 4 now and wasn't aware of the 3-1 months notice needed for continuation of tenancy (my mistake, I know). They've made no contact at all regarding signing a new contract or anything, so just wondering where do I stand as a tenant? Am I in Part 4 or am I likely to be kicked out at short notice? Do I just carry on or contact the landlord about it?


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    #2
    Baby01032012
    Registered Users Posts: 1,622 ✭✭✭Baby01032012


    Carry on without contacting them. You are on part iv after 6 months anyway. Most tenancies start on a 12 month fixed term as this is the basis for the letting agent charging their fee based on 12 months. You have security of tenure. Plus rent cannot be reviewed for 24 months from last review/when you started the tenancy. They can give notice for you to leave (meeting the minimum notice period) but it is very difficult to end a tenancy as the grounds are limited to either selling or moving in personally or substantial rennovation or change of use.


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    #3
    Holysock
    Registered Users Posts: 184 ✭✭Holysock


    The relevant section is 195 of the Residential Tenancies Act 2004 re proposed overholding under a fixed term tenancy.

    If the tenant intends to stay on after the expiry lease, they shall notify the landlord of that intention not later than 1 month nor any sooner than 3 months before expirary of the lease

    They can't kick you out for not sending notification because you automatically have Part IV but if the landlord suffers loss or damage because of the lack of notification, they may make a complaint to the RTB under Part 6 that he or she has suffered such loss/damage. The RTB may make a determination that the tenant shall pay an amount by way of damages for that loss/ damage

    I don't know if anything comes of this in practice though, seems like a lot of effort on the part of the landlord and at most surely any damages would be letting/advertising fees?

    I forgot last week aswell OP. 2 days after I should have sent notification landlord contacted me, I said I was staying, they said that was grand!


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