New rental contract

Bridget1996

Hi ALL

We became landlords last year, and our contract with tenants is nearly up, so we would like a new contract drawn up, we used a agent last time to set it all up for us, but can we draw up a contract ourselves and where is a good place to get templates or advice, we are really happy with the tenants and would like them to stay so would prefer a contract to protect both parties,

Also do we need to register for PRPT again, any helpful advice would be greatly appreciated..Thanks

Michael D Not Higgins

You don't need to give another lease but you can re-use the one that already exists and have the tenants sign it. The fixed term lease and the tenancy are separate in law. The tenancy only needs to be re-registered with the RTB when it continues into a further Part 4 tenancy, which happens in 4-year cycles (6-year cycles for tenancies starting after Dec 24 2016).

Samuel T. Cogley

All yearly leases do is complicated matters; leave the tenants on Part IV unless you're going to the expense of having a solicitor draw up the fixed term lease. The classic example is the LL needing the property back under one of the small number of reasons allowed by the RTA2004 and then finding out they've prevented themselves from doing it by a fixed term lease.

Browney7

Bridget1996 wrote: »

Hi ALL

We became landlords last year, and our contract with tenants is nearly up, so we would like a new contract drawn up, we used a agent last time to set it all up for us, but can we draw up a contract ourselves and where is a good place to get templates or advice, we are really happy with the tenants and would like them to stay so would prefer a contract to protect both parties,

Also do we need to register for PRPT again, any helpful advice would be greatly appreciated..Thanks

Assuming you're in a high demand area I don't see the point in tying yourself and tenant up for a further fixed term. They already have part IV rights so if you decide you want to sell or move a family member in you have to wait until end of fixed term. If tenant wants to leave they just find someone to assign lease to and they're out anyway. Basically - you'll be sacrificing some flexibility for no real benefit

Bridget1996

Okay, so Im better off if I dont get them to sign another lease, if for any reason that I want them to move I would have to wait til lease is up, am I right but does they mean that they can just give a months notice?

Sorry so clueless

Michael D Not Higgins

Bridget1996 wrote: »

Okay, so Im better off if I dont get them to sign another lease, if for any reason that I want them to move I would have to wait til lease is up, am I right but does they mean that they can just give a months notice?

Sorry so clueless

They have acquired Part 4 tenancy rights. You can only evict for the reasons listed in here with the requisite notice period and notice of termination. The tenants can issue notice of termination for any reason with the notice periods listed in the first link.

gizmo81

'Better off' is relative to your situation. You might like the security of a year agreement, your tenant might like it also to avail of discounts for utilities if they entered a year contract.

In regards to ending the tenancy because they have a part four tenancy as they are there now over 6 months but less than one year they have to give 35 days notice to end the tenancy.

https://www.threshold.ie/advice/ending-a-tenancy/ending-your-tenancy/

This increases then to 42 days once they are there over one year but less than two.

Same times apply for you ending their tenancy.

https://www.threshold.ie/advice/ending-a-tenancy/how-your-landlord-may-end-your-tenancy/

Now both of you may end a tenancy in 28 days if their has been a breech of obligations on either part, see above.

Hope that helps.

Bridget1996 wrote: »

Okay, so Im better off if I dont get them to sign another lease, if for any reason that I want them to move I would have to wait til lease is up, am I right but does they mean that they can just give a months notice?

Sorry so clueless

Also all the signed contract does is tie the LL down for the year, its meaningless for the tenants as they can ask to have it reassigned and if you refuse you have to release them from the contract.

I wouldn't even give a contract to new tenants, particularly as it prevents you getting rid of them in the first 6 months if you feel they aren't going to work out.

Bridget1996

Thank you very much for great advice, I also just emailed the agent I used to see what I can I do and she said she can draw my up a new contract for E100 plus 23 percent vat, needless to say I said no thanks, thanks again

Samuel T. Cogley

Bridget1996 wrote: »

Thank you very much for great advice, I also just emailed the agent I used to see what I can I do and she said she can draw my up a new contract for E100 plus 23 percent vat, needless to say I said no thanks, thanks again

If you have an agent they may insist on new contracts every-year as it's tied into how they earn their money. Is this one just taking a commission from the rent?

Bridget1996

No, we were done with her after contracts were signed last year