Part 4 Tenancy

sunnyday1234

Hi Everyone
I rent out a house that is 8 years old. We have good tenants that are there for around 6 months at this stage. Can someone tell me how part 4 tenancy works ? 
I wanted to sell the house in the next two year, is this not possible until the tenants have lived there for 4 years if they want to ?

dudara

If the tenants moved in 6 months ago, they are now acquiring Part 4 rights and the protection that comes with them. The legislation changes mean that their Part 4 cycle runs for 6 years, not the old 4 years.

Now here's the good news for you. You can terminate a Part 4 tenancy if you wish to sell the house. But you must make sure to follow the procedure outlined and give proper notice and intent. More details here

http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html#lc0aea

Pkiernan

sunnyday1234 wrote: »

Hi Everyone
I rent out a house that is 8 years old. We have good tenants that are there for around 6 months at this stage. Can someone tell me how part 4 tenancy works ? 
I wanted to sell the house in the next two year, is this not possible until the tenants have lived there for 4 years if they want to ?

Your tenants now have the right to stay for up to 6 years if they want and abide by the terms of the lease.
Welcome to Moscow!

sunnyday1234

hold on.....
Where is this stated ? I presume there are ways to sell the house if i need to

Pkiernan

dudara wrote: »

More details here

http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html#lc0aea

Excellent link! Thanks.

sunnyday1234

great - thanks

3 months notice if i intend to sell. Thats all i needed to know

dennyk

The 'three months' refers to the fact that you need to be intending to sell the house within three months after the end of the tenancy in order to terminate their tenancy for that reason. The required notice period you must provide to the tenant varies depending on how long they've been in residence and can be found here. It doesn't reach three months (12 weeks/84 days) until they've lived there for over three years.

The_Conductor

Please note- you will also have to inform the RTB in advance of your intention to serve notice to terminate the tenancy on the tenants.
This is a measure to try and ensure the homeless level is kept at an absolute minimum- the RTB have put together a new leaflet for tenants whose tenancy is being terminated- explaining what their options are- and what they now have to do (top of the list- is obviously- go house hunting elsewhere.........)
The leaflet is very tenant centric- however, it is in keeping with the legislative and regulatory regime we find ourselves in.

mrslancaster

The_Conductor wrote: »

Please note- you will also have to inform the RTB in advance of your intention to serve notice to terminate the tenancy on the tenants..

Is that a new regulation & when did that come in?

rossmores

mrslancaster wrote: »

The_Conductor wrote: »

Please note- you will also have to inform the RTB in advance of your intention to serve notice to terminate the tenancy on the tenants..

Is that a new regulation & when did that come in?

This is not the case at the moment it has been discussed at a recent summit as a future initiative but as yet details have yet to emerge

Heisenberg.

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Michael D Not Higgins

Heisenberg. wrote: »

This post has been deleted.

Evicting a tenant doesn't get them around the RPZ. If they were to evict on a Section 34 (b) to prevent a further Part 4 tenancy, they would have to give 12 weeks notice (but probably 16 to be on the safe side).

After the tenant has vacated and they were to get another tenant in, they would be obliged to give the new tenant the rent as last set in the previous tenancy and the calculation to show how they arrived at the new rate.

If you're not in an RPZ, they can just review the rent to the higher rate.

sunnyday1234

thanks for all the help. i would only evict if i was selling

Heisenberg.

This post has been deleted.

liger

Michael D Not Higgins wrote: »

Evicting a tenant doesn't get them around the RPZ.

After the tenant has vacated and they were to get another tenant in, they would be obliged to give the new tenant the rent as last set in the previous tenancy and the calculation to show how they arrived at the new rate.

If you're not in an RPZ, they can just review the rent to the higher rate.

How does this work in reality ? Tenant gets evicted, property is advertised and prospective new tenants don't have any idea what the old tenant was paying.

Michael D Not Higgins

liger wrote: »

How does this work in reality ? Tenant gets evicted, property is advertised and prospective new tenants don't have any idea what the old tenant was paying.

Yes it is currently reactionary and requires a complaint to be raised with the RTB however they are planning to increase the RTB's powers to investigate breaches independently.

4ensic15

The property can be refurbished to break the rent cap or let out on holiday lets to avid the RTB system altogether. Any Landlord in his right mind would terminate the tenancy before the 4 years runs out.