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Tenancy began May 2007

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  • 07-01-2017 9:35pm
    #1
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭


    Just want to check my understanding of the Part 4 rules.

    A tenant who moved in in May 2007, would have rolled over their Part 4 in May 2011 and again in May 2015, so they are now 20 months into their third Part 4.

    That means they have fixity of tenure until May 2019, after which time the landlord has 6 months to give them notice to leave without any reason (i.e. terminating a further part 4 tenancy).

    However as the notice period is 224 days, I'm not sure how the landlord terminates in the 6 month period, is the notice served before the period starts, or during the period?

    If the landlord doesn't do this, the next Part 4 is six years.

    Corrections / clarifications welcome.


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


    3DataModem wrote: »
    Just want to check my understanding of the Part 4 rules.

    A tenant who moved in in May 2007, would have rolled over their Part 4 in May 2011 and again in May 2015, so they are now 20 months into their third Part 4.

    That means they have fixity of tenure until May 2019, after which time the landlord has 6 months to give them notice to leave without any reason (i.e. terminating a further part 4 tenancy). If the landlord doesn't do this, the next Part 4 is six years.

    Corrections / clarifications welcome.

    The very last bit is correct re 6 years for new tenancies. I believe the recent changes mean that landlords don't have 6 months any longer following start of new part IV. However there are the limited circumstances in which tenancy can be ended i.e. Selling, landlord or relative need for use of house, change of use and finally substantial refurbishment.


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    #3
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭3DataModem


    Baby01032012 wrote: »
    I believe the recent changes mean that landlords don't have 6 months any longer following start of new part IV. However there are the limited circumstances in which tenancy can be ended i.e. Selling, landlord or relative need for use of house, change of use and finally substantial refurbishment.

    It seems to me that the 6 month window still exists; the following is from Threshold.ie (and current, as it has been updated to reflect the new 6 year rule and);

    "Further Part 4 Tenancies
    If you remain in your tenancy for the full period of your Part 4 tenancy, then after 4 years a new cycle automatically begins called a 'Further Part 4 tenancy'. If you do not have a current lease then your landlord can terminate a 'Further Part 4' tenancy in the first 6 months without relying on one of the six grounds set out in the Residential Tenancies Act but they should give you a reason for ending the tenancy. Thereafter the landlord can only end the tenancy on one of the six specific grounds."


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    #4
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭3DataModem


    OK - it seems the amendment to the 2004 act is as follows (in bold):

    This suggest that a reason must be given, but it does not state that the reason must be one of the 6 protected reasons. Threshold seem to have interpreted it that way too - they state 'but they should give a reason for ending the tenancy'. This makes sense, because otherwise a Part 4 tenancy would effectively last forever, which is not the intent of the new amendments.

    62.—(1) A notice of termination to be valid shall—
    (a) be in writing,
    (b) be signed by the landlord or his or her authorised agent or, as appropriate, the tenant,
    (c) specify the date of service of it,
    (d) be in such form (if any) as may be prescribed,
    (e) if the duration of the tenancy is a period of more than 6 months or the
    tenancy is a further Part 4 tenancy    , state (where the termination is by the landlord) the reason for the termination,
    (f) specify the termination date, that is to say, the day (stating the month and year in which it falls)—
    (i) on which the tenancy will terminate, and
    (ii) on or before which (in the case of a termination by the landlord) the tenant must vacate possession of the dwelling concerned, (and indicating that the tenant has the whole of the 24 hours of the termination date to vacate possession),
    and
    (g) state that any issue as to the validity of the notice or the right of the landlord or tenant, as appropriate, to serve it must be referred to the Board under Part 6 within 28 days from the date of receipt of it.
    (2) Subsection (1) is without prejudice to Chapter 4 and section 81 (3) (which specify additional requirements in respect of a tenancy that has been sub-let).


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