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Extension Of Tenancy

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  • 19-07-2017 4:36pm
    #1
    COB_House
    Registered Users Posts: 3 ✭


    Hi,
    I have a Tenant with 1 Year Lease that expired 30 June. They are still in the house and haven't applied for Part IV tenancy either within the previous 3 months or before the end of July (yet). Is there any difference between me getting them to sign another 1 Year lease or just letting Part IV kick in? If I send them another 1 Year lease and they don't sign before 31st July, what happens?

    Thanks.


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    #2
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    A lease usually grants a tenant additional rights (e.g. 12 months security). I can't think of any benefit to the landlord.


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    #3
    COB_House
    Registered Users Posts: 3 ✭COB_House


    So, they will have received Part IV tenancy rights after 6 months automatically (whether or not they informed me). I can only legally ask them to leave by giving them the correct notice coming towards the end of the 4 years (unless I have a valid reason of selling/ owner or relative occupation/ substantial refurbishment etc.). Is this correct?

    If there isn't a current lease, are the conditions of the original lease (e.g. rent amount/ not pets etc.) still valid?


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    #4
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    They gain Part IV rights automatically, no need for them to tell you anything. You've covered a good chunk of the implications, the RTB website is worth a read for additional info.

    What does the previous lease say about conditions for an ongoing tenancy after the lease expires? If I remember correctly from leases I've seen, it's usually covered.


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    #5
    dennyk
    Registered Users Posts: 1,702 ✭✭✭dennyk


    Correct, Part IV rights have already kicked in for your tenant. If you had acted in good faith on the belief that they were moving out at the end of their fixed term lease and incurred any expenses by doing so (e.g. listing fees for relisting your property for rent), you could potentially recover those expenses from your tenant due to their failure to notify you of their intent to remain, but you still couldn't remove them except under a valid reason to terminate a Part IV tenancy (and with the required notice).


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    #6
    COB_House
    Registered Users Posts: 3 ✭COB_House


    Thanks guys


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    #7
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    One point- they are supposed to inform you within 28 of the elapse of the fixed term lease, of their intention to continue residency in the dwelling. In the absence of such notice, they are liable for any advertising or letting costs that the landlord might incur- if he/she tries to relet the property.

    I.e. they are entitled to remain- but they still need to inform you of their intention to do so- and the absence of communication means they are liable for any expenses if you try to relet it on the elapse ofthe tenancy.


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