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Part 4 on a shared lease

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  • 29-05-2018 9:27am
    #1
    maki
    Registered Users Posts: 772 ✭✭✭


    I've been living in the same place for almost 3 years now by repeatedly renewing a 12 month fixed term lease. However, as I will likely be moving within the next 6 months or so, I'd like to invoke a Part 4 tenancy instead of renewing the lease so I can leave early without penalty.

    One complication is that I'm on a shared lease with another person. He is currently unsure if he's going to remain in the property, but if he is, he wants to renew a fixed term for security of tenure.

    Am I entitled to claim Part 4 as an individual tenant in this case?


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    #2
    Del2005
    Registered Users Posts: 18,990 ✭✭✭✭Del2005


    The lease over rules the part 4. You didn't need to sign anything after the first lease ended as you got part 4 after 6 months. But since you have entered a contract again you need to negotiate with the landlord to see how you can get out of the lease.


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    #3
    maki
    Registered Users Posts: 772 ✭✭✭maki


    Del2005 wrote: »
    The lease over rules the part 4. You didn't need to sign anything after the first lease ended as you got part 4 after 6 months. But since you have entered a contract again you need to negotiate with the landlord to see how you can get out of the lease.


    Sorry I should have specified - the current fixed term lease expires at the end of next month.


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    #4
    Del2005
    Registered Users Posts: 18,990 ✭✭✭✭Del2005


    maki wrote: »
    Sorry I should have specified - the current fixed term lease expires at the end of next month.

    Then you are part 4 and have to give notice as per the RTB guidelines. Your co tenant will need to figure out what they are doing.

    The landlord can also evict both of you for no reason once the part 4 ends providing they give you the correct notice.


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    #5
    maki
    Registered Users Posts: 772 ✭✭✭maki


    Del2005 wrote: »
    Then you are part 4 and have to give notice as per the RTB guidelines. Your co tenant will need to figure out what they are doing.

    The landlord can also evict both of you for no reason once the part 4 ends providing they give you the correct notice.


    Assuming the other tenant wishes to renew the fixed term lease, and bearing in mind that the current lease is a single shared lease signed by both tenants, is the landlord obliged to allow me to remain under Part 4, and create a separate fixed term lease for the other tenant?


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    #6
    Claw Hammer
    Registered Users Posts: 6,238 ✭✭✭Claw Hammer


    Del2005 wrote: »
    Then you are part 4 and have to give notice as per the RTB guidelines. Your co tenant will need to figure out what they are doing.

    The landlord can also evict both of you for no reason once the part 4 ends providing they give you the correct notice.

    The landlord has to give notice before the part 4 ends. If a 12 month lease is signed now, the landlord won't be able to give notice until it expires, by which time, a further part 4 will have started.


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    #7
    Del2005
    Registered Users Posts: 18,990 ✭✭✭✭Del2005


    maki wrote: »
    Assuming the other tenant wishes to renew the fixed term lease, and bearing in mind that the current lease is a single shared lease signed by both tenants, is the landlord obliged to allow me to remain under Part 4, and create a separate fixed term lease for the other tenant?

    Why would you want to renew a lease when you already have a right to live there for another year with part 4?

    I highly doubt that a landlord would enter such a messy situation as you are planning.


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    #8
    Del2005
    Registered Users Posts: 18,990 ✭✭✭✭Del2005


    Claw Hammer wrote: »
    The landlord has to give notice before the part 4 ends. If a 12 month lease is signed now, the landlord won't be able to give notice until it expires, by which time, a further part 4 will have started.

    They are only in 3 years 11 months. A 1 year fixed term will get then to 4 years. If the landlord sends the notice in with the correct notification period they will be out at the end of the fixed lease.


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    #9
    Claw Hammer
    Registered Users Posts: 6,238 ✭✭✭Claw Hammer


    Del2005 wrote: »
    They are only in 3 years 11 months. A 1 year fixed term will get then to 4 years. If the landlord sends the notice in with the correct notification period they will be out at the end of the fixed lease.

    He said he is there almost 3 years on year to year leases. He is being asked to renew for another year. That will bring the letting up to 4 years. The RTB take the view that notice cant be served during a fixed term so the landlord could get caught.


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    #10
    antoinolachtnai
    Registered Users Posts: 9,792 ✭✭✭antoinolachtnai


    maki wrote: »
    Assuming the other tenant wishes to renew the fixed term lease, and bearing in mind that the current lease is a single shared lease signed by both tenants, is the landlord obliged to allow me to remain under Part 4, and create a separate fixed term lease for the other tenant?

    No this is impossible. The tenancy is on the property as a whole. You can’t really have ‘half a tenancy’ (though there are exceptions to this) as it is a single property and you certainly can’t force the landlord into such an arrangement. You and your fellow tenant have to work together.

    The landlord will not return the deposit at the end until he gets full vacant possession no matter what other arrangements are in place.

    Your fellow tenant could get a new tenant in to take your place when you leave. This is probably the most practical thing.

    I would say you should talk to your fellow tenant and your landlord and advise them of your plans.


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