Part 4 expiry

janeausten41

Thanks so much again
I think I'm clear.......except for one comment made whereby a minimum notice must be given but no maximum has been set except that the date of termination has to be the exact date of the end of the Part 4 tenancy?? I thought that it could be on OR AFTER the end date, so if there are 84 days left to the end of the tenancy, if it has to end on the expiration of 4 years tenancy, then it's not possible to give the 112 days notice?
Is this correct, or can you give 112 days notice which is effectively allowing for an additional month for the tenants in situ or would that negate the termination under Part IV?
I have no objection to 84 or 112 days or any particular number of days, but I do need to prevent a new Part IV tenancy from starting
Would it be so difficult for them to make it straightforward????

Paz-CCFC

Heisenberg. wrote: »

This post has been deleted.

For properties in rent pressure zones, landlords have an obligation to give to the tenant, at the beginning of a tenancy, information in writing regarding:

• the amount of rent that was last set under a tenancy for the dwelling;
• the date the rent was last set under a tenancy for the dwelling;
• a statement as to how the rent set under the tenancy of the dwelling has been calculated having regard to section 19(4) (the subsection that sets out the formula for lawful rent increases).

If a landlord doesn't do this, he's in breach of his obligations. As with any other breach, the tenant can bring a case to the RTB.

GGTrek

janeausten41 wrote: »

Thanks so much again
I think I'm clear.......except for one comment made whereby a minimum notice must be given but no maximum has been set except that the date of termination has to be the exact date of the end of the Part 4 tenancy?? I thought that it could be on OR AFTER the end date, so if there are 84 days left to the end of the tenancy, if it has to end on the expiration of 4 years tenancy, then it's not possible to give the 112 days notice?
Is this correct, or can you give 112 days notice which is effectively allowing for an additional month for the tenants in situ or would that negate the termination under Part IV?
I have no objection to 84 or 112 days or any particular number of days, but I do need to prevent a new Part IV tenancy from starting
Would it be so difficult for them to make it straightforward????

You are overcomplicating the termination date issue. To be on the safe side it has to be at least a one day after the expiry of the 4 years. It does not matter if it is one day or one month or 12 months AFTER the expiry of the 4 years as long as the serving date is BEFORE the four years and the minimum notice period has been respected and reason provided.

Part 4 rights of the tenant will terminate on the termination date together with his/her tenancy.

Why should the RTB make it easy to evict tenants and explain the termination rules in a clear manner? The unspoken but real RTB mandate from the govvie is to defend tenants and make life as difficult as possible for landlords. In the main page of the RTB portal they don't even mention the possibility of terminating the tenancy at the 4 or 6 years, they make it appear like Irish tenancies are indefinite after the first 6 months: which is the wet dream of the socialists. The RTA is a tenant's charter and extremely difficult to navigate for non specialist solicitors, imagine for a landlord. You have to combine several sections (some vaguely written) of the RTA to group all the rules that regulate any kind of termination notice.

rossmores

It is a problem that errant tenants can get away with most breaches of their tenancy under the RTB process, delaying not showing up, all sorts of excuses and that a LL has to wait 4 years for the tenancy cycle to come around before he can legally end the tenancy
That cycle is now 6 years since dec 2016 along with the lengthy notice periods hence the increased shortage in available rentals coupled with high numbers of terminations especially in RPZs as most LL won’t give 6 year tenancies I certainly am not.
The measures where brought in under a temporary as if permanent they would be unconstutional
No more xmas subs to threshold communist scum.

janeausten41

GGTrek wrote: »

janeausten41 wrote: »

Thanks so much again
I think I'm clear.......except for one comment made whereby a minimum notice must be given but no maximum has been set except that the date of termination has to be the exact date of the end of the Part 4 tenancy?? I thought that it could be on OR AFTER the end date, so if there are 84 days left to the end of the tenancy, if it has to end on the expiration of 4 years tenancy, then it's not possible to give the 112 days notice?
Is this correct, or can you give 112 days notice which is effectively allowing for an additional month for the tenants in situ or would that negate the termination under Part IV?
I have no objection to 84 or 112 days or any particular number of days, but I do need to prevent a new Part IV tenancy from starting
Would it be so difficult for them to make it straightforward????

You are overcomplicating the termination date issue. To be on the safe side it has to be at least a one day after the expiry of the 4 years. It does not matter if it is one day or one month or 12 months AFTER the expiry of the 4 years as long as the serving date is BEFORE the four years and the minimum notice period has been respected and reason provided.

Part 4 rights of the tenant will terminate on the termination date together with his/her tenancy.

Why should the RTB make it easy to evict tenants and explain the termination rules in a clear manner? The unspoken but real RTB mandate from the govvie is to defend tenants and make life as difficult as possible for landlords. In the main page of the RTB portal they don't even mention the possibility of terminating the tenancy at the 4 or 6 years, they make it appear like Irish tenancies are indefinite after the first 6 months: which is the wet dream of the socialists. The RTA is a tenant's charter and extremely difficult to navigate for non specialist solicitors, imagine for a landlord. You have to combine several sections (some vaguely written) of the RTA to group all the rules that regulate any kind of termination notice.

@GGTrek - thanks so much for clarifying, It's hard to trust what you read and you wind up doubting yourself so much you'd be hard pressed to trust you know your name!!