Termination of Lease Issue - letter from landlord

on_my_oe

Neighbours have been renting since 2013. In April the landlord has increased their rent, and asked them to sign a new contract, stating if they did so, he wouldn't impose a higher rent increase (He couldn't have anyway as property is in a RPZ, but they don't speak great English so accepted it).
On Friday a letter arrived from their landlord stating it was a notice of termination of fixed term tenancy, and highlighting a Special Condition contained in the agreement "Both the landlord and tenant can break the lease without penalty by giving one months notice in writing of intention of doing so" The letter goes on to say following termination of the lease, the tenancy will be subject to a rolling month to month rental.
I think his boat is sunk, but does he have any options other than look for a new place to live?

Marcusm

on_my_oe wrote: »

Neighbours have been renting since 2013. In April the landlord has increased their rent, and asked them to sign a new contract, stating if they did so, he wouldn't impose a higher rent increase (He couldn't have anyway as property is in a RPZ, but they don't speak great English so accepted it).
On Friday a letter arrived from their landlord stating it was a notice of termination of fixed term tenancy, and highlighting a Special Condition contained in the agreement "Both the landlord and tenant can break the lease without penalty by giving one months notice in writing of intention of doing so" The letter goes on to say following termination of the lease, the tenancy will be subject to a rolling month to month rental.
I think his boat is sunk, but does he have any options other than look for a new place to live?

One key issue here will be when in 2013 they began their tenancy. Pre Dec 2016, part 4 tenancies (giving security to the tenant) ran in 4 year cycles. That mean the landlord could only get them out during the 4 years for specified reasons(selling, using for himself or a family member, become unsuitable or needs to be renovated etc). If they are in their second cycle then they are in a 6 year part 4 again which can only be terminated but he landlord on certain specified grounds. The idea of month to month rentals has been with O'Leary int he grave for more than a decade despite what this landlord might assert.

on_my_oe

They began renting in April 2013.

I was convinced they were in a Part IV cycle too, until this 'Special Condition' was thrown up.

davindub

on_my_oe wrote: »

They began renting in April 2013.

I was convinced they were in a Part IV cycle too, until this 'Special Condition' was thrown up.

Its not a valid term.

Appeal the termination, but the landlord will probably move to issue notice to cancel a further part 4 from arising (6 months after 4 years from day in April 2013 lease started, i.e. April 2017 + 6 months).

The landlord has left this late, if the lease started 1st April 2013, and you appeal to the RTB next week, it will take a few days to process, the landlord won't be able to cancel the new part 4.

dudara

Leases can never take away from your Part IV rights. They can only enhance them

They are now in their further part IV tenancy and this cannot be terminated until the end of the cycle. The landlord should have terminated before the further Part IV came into effect, but he didn't.

https://www.rtb.ie/further-part-4

davindub

dudara wrote: »

Leases can never take away from your Part IV rights. They can only enhance them

They are now in their further part IV tenancy and this cannot be terminated until the end of the cycle. The landlord should have terminated before the further Part IV came into effect, but he didn't.

https://www.rtb.ie/further-part-4

+1 forgot the LL has to terminate before the new part 4 now.

Boater123

on_my_oe wrote: »

Neighbours have been renting since 2013. In April the landlord has increased their rent, and asked them to sign a new contract, stating if they did so, he wouldn't impose a higher rent increase (He couldn't have anyway as property is in a RPZ, but they don't speak great English so accepted it).
On Friday a letter arrived from their landlord stating it was a notice of termination of fixed term tenancy, and highlighting a Special Condition contained in the agreement "Both the landlord and tenant can break the lease without penalty by giving one months notice in writing of intention of doing so" The letter goes on to say following termination of the lease, the tenancy will be subject to a rolling month to month rental.
I think his boat is sunk, but does he have any options other than look for a new place to live?

I'm a bit confused here. The wording of the letter is contradictory. Could this be as simple as the LL breaking the fixed term lease/ contract and reverting to a month to month lease/ contract?

I know the post says "a notice of termination of fixed term tenancy" but it goes on to say " following termination of the lease, the tenancy will be subject to a rolling month to month rental."

It probably isn't that simple or is at least a prelude to attempt to terminate the tenancy. Which if it is, all the advice given previously is good advice.

Graham

OP, it sounds like your neighbour needs to talk to the RTB.

Almost regardless of any agreement he has signed, the landlord is only entitled to terminate under specific circumstances and with strict minimum notice periods.

From the limited information you have posted, it sounds like the termination notice may be invalid.

on_my_oe

They called and spoke with the RTB, and were told to get an account. There's a language barrier, but I've helped them do a dispute today online.

Bit more background - on Monday the agent called and gave them notice by phone saying they need to move out for a renovation and they can return, but only if they pay an increased rent of €400 month extra.
The agent also tried to increase the rent in February by 300€ When they said they would contact Threashold, the agent claimed there was a calculation mistake and if they signed a new agreement, they could have a lower increase.

Any idea how long it takes for an adjudication hearing, and if the hearing is dated after their termination date, do they need to move out?