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1yr lease?

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  • 10-10-2016 9:58pm
    #1
    nebraska132
    Registered Users Posts: 87 ✭✭


    I am curious as to what the point of having a one year lease agreement between a tenant and LL. After 6 months the tenant gains rights that extend for 4 years, beyond the expiration term of the lease.

    If the tenant breaks a clause of the lease agreement which is not specifically part of the RTA are they still liable?

    Thanks in advance


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    #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,505 Mod ✭✭✭✭johnnyskeleton


    A part 4 tenancy can be terminated for several reasons such as the landlord needing to sell etc. Not so a lease, which cannot be broken for most of the statutory reasons.


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    #3
    newacc2015
    Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    There is no point really. I have seen a fair amount of landlords only offering 6 months leases, so they can evict you after 6 months if you were not the best of tenant. Personally I am in favour of them. Tenants can lie about their references, you dont know from their reference what they really are like ie late paying their rent, moaning about everything

    I would personally be more inclined to recommending using a 6 month contract with a view to extent.


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    #4
    nebraska132
    Registered Users Posts: 87 ✭✭nebraska132


    johnnyskeleton wrote: »
    A part 4 tenancy can be terminated for several reasons such as the landlord needing to sell etc. Not so a lease, which cannot be broken for most of the statutory reasons.

    So in your view the lease may have stronger provisions/protections in it and there fore serves some use? If so,
    In a scenario where a lease provision is broken by a tenant which is not contained in the legislation can the LL still enforce his rights?


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    #5
    nebraska132
    Registered Users Posts: 87 ✭✭nebraska132


    newacc2015 wrote: »
    There is no point really. I have seen a fair amount of landlords only offering 6 months leases, so they can evict you after 6 months if you were not the best of tenant. Personally I am in favour of them. Tenants can lie about their references, you dont know from their reference what they really are like ie late paying their rent, moaning about everything

    I would personally be more inclined to recommending using a 6 month contract with a view to extent.

    What happens at the renewal date? Can the tenant refuse to sign the new lease but still retain his status under Part 4?


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    #6
    Clampdown
    Closed Accounts Posts: 423 ✭✭Clampdown


    nebraska132 wrote: »
    So in your view the lease may have stronger provisions/protections in it and there fore serves some use? If so,
    In a scenario where a lease provision is broken by a tenant which is not contained in the legislation can the LL still enforce his rights?

    What provision exactly?


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


    nebraska132 wrote: »
    What happens at the renewal date? Can the tenant refuse to sign the new lease but still retain his status under Part 4?

    The tenant is not under an obligation to sign a new lease.
    nebraska132 wrote: »
    So in your view the lease may have stronger provisions/protections in it and there fore serves some use? If so,
    In a scenario where a lease provision is broken by a tenant which is not contained in the legislation can the LL still enforce his rights?

    The additional provisions would be covered under the first grounds for termination of a part 4 tenancy in section 34 of the RTA 2004.

    "1. The tenant has failed to comply with any of his or her obligations in relation to the tenancy (whether arising under this Act or otherwise) and, unless the failure provides an excepted basis for termination—

    (a) the tenant has been notified of the failure by the landlord and that notification states that the landlord is entitled to terminate the tenancy if the failure is not remedied within a reasonable time specified in that notification, and

    (b) the tenant does not remedy the failure within that specified time."


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    #8
    nebraska132
    Registered Users Posts: 87 ✭✭nebraska132


    Clampdown wrote: »
    What provision exactly?

    I didn't have an exact provision in mind I'm asking theoretically,and Michael D has answered below


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    #9
    testaccount123
    Registered Users Posts: 1,023 ✭✭✭testaccount123


    newacc2015 wrote: »
    There is no point really. I have seen a fair amount of landlords only offering 6 months leases, so they can evict you after 6 months if you were not the best of tenant. Personally I am in favour of them. Tenants can lie about their references, you dont know from their reference what they really are like ie late paying their rent, moaning about everything

    I would personally be more inclined to recommending using a 6 month contract with a view to extent.

    A tenant gains part four rights after six months and can only be evicted for very specific reasons until after the fourth year of the tenancy.


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