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Landlord has sent a fixed term agreement randomly

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  • 25-03-2018 2:47pm
    #1
    elfy4eva
    Registered Users Posts: 1,204 ✭✭✭


    I'll explain the situation as best I can to avoid confusion

    So I've been renting an apartment since september 2012.

    In 2016 a new property management co. took over the management of the apartments and in september 2016 I signed a fixed term agreement with them for 1 year.

    The fixed term contract I received then states that on expiration of the contract, the tenancy can continue by:

    1. Further fixed term by mutual agreement
    2. By myself serving notice to claim part 4
    3. In absence of agreement tenancy will continue as part 4

    In august 2017 I let their agent who I deal with know by email that I'd like to continue the tenancy past the agreement under part 4. They acknowledged this email and said they'd send out a new contract in september (nothing about fixed term). They did not do this and I presumed they were happy to leave it with no contract.

    So today after 6 months without that I randomly received a fixed term contract for 6 months starting 1 March with a post-it asking to read sign and send back.

    I don't mind the tenancy conditions as they're standard stuff but I am concerned agreeing to another fixed term may affect my part 4 security as I would like to stay here for the forseeable future.

    Can anyone advise my best approach to this?


Comments

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    #2
    astrofool
    Registered Users Posts: 16,672 ✭✭✭✭astrofool


    Your part 4 rights exist in addition to the fixed term lease, likely the agent didn't get around to sending it out on time, and now trying to back-fill. If you want to stay there, it might be worth broaching a year long fixed lease instead (as theoretically they could evict you in ~5 months anyway, depending on exact dates, on the current part 4).


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    #3
    elfy4eva
    Registered Users Posts: 1,204 ✭✭✭elfy4eva


    astrofool wrote: »
    Your part 4 rights exist in addition to the fixed term lease, likely the agent didn't get around to sending it out on time, and now trying to back-fill. If you want to stay there, it might be worth broaching a year long fixed lease instead (as theoretically they could evict you in ~5 months anyway, depending on exact dates, on the current part 4).

    Thanks for the reply, I'll see if i can get a hand figuring out where I stand in relation to my current part 4.


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