Query around not renewing a fixed term lease

Siobhan170671

Hi everyone, I'm a landlord who gave a 2 year lease to tenants. My query relates to the fact that we don't want to renew the lease when it expires. Am I under any obligation to do so? I've waded through RTB and Citizens Info which all deal with rules around terminating a fixed term lease... which we don't want to do.... we just don't want to renew when the lease comes to an end. Can anyone kindly help me understand?
Thanks so much,
Joanna

DubCount

Although you had a fixed term lease, it exceeds 6 months and so a "Part 4 Tenancy" exists. You need to terminate the tenancy in accordance with the rules for terminating a Part 4 Tenancy (you must give one of the reasons outlined in the legislation, and the relevant notice under the legislation).

This link may help explain it better.

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

Siobhan170671

Thanks.. so what is the 'point' of having fixed term leases? So that I understand I can only serve notice to the tenants on the basis of one of the following reasons?

- the tenant has failed to comply with the obligations of the tenancy
- the landlord intends to sell the dwelling within the next 3 months
- the dwelling is no longer suited to the needs of the occupying household
- the landlord requires the dwelling for own or family member occupation
- vacant possession is required for substantial refurbishment of the dwelling
- the landlord intends to change the use of the dwelling.

Mrs OBumble

The point is that the tenant is committed for two year , or however long the lease is for.

pilly

Siobhan170671 wrote:

Thanks.. so what is the 'point' of having fixed term leases? So that I understand I can only serve notice to the tenants on the basis of one of the following reasons?

No point at all unless it's a six month one.

Michael D Not Higgins

Leases are the contract between the landlord and tenant. Their main benefit is security of tenure on both parties. This is negated by the landlord's market that currently exists and there is little need from the landlord's side for a fixed term at the moment. In a renter's market, it would be beneficial for landlords to tie the tenant to a fixed term.

A tenancy is the legal term for the legal occupation of the property by the tenant. This is covered by RTA 2004 as amended and has certain rights and obligations on both landlords and tenants.

Mrs OBumble

Mrs OBumble wrote: »

The point is that the tenant is committed for two year , or however long the lease is for.

They can get out of it far too easily though and can essentially leave when they want. In fact giving a lease is a big disadvantage as the LL can't evict in the first 6 months as he is bound by the lease while tenants can do what they want essentially.

Siobhan170671

Thanks everyone for the responses, appreciate them.

Paulw

Siobhan170671 wrote: »

Thanks.. so what is the 'point' of having fixed term leases? So that I understand I can only serve notice to the tenants on the basis of one of the following reasons?

- the tenant has failed to comply with the obligations of the tenancy
- the landlord intends to sell the dwelling within the next 3 months
- the dwelling is no longer suited to the needs of the occupying household
- the landlord requires the dwelling for own or family member occupation
- vacant possession is required for substantial refurbishment of the dwelling
- the landlord intends to change the use of the dwelling.

I'm not sure if those clauses still apply, since the new act seems to have removed most, if not all, of those conditions for termination.

pilly

Why do you want to terminate the lease?