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Is part 4 irrelevant if you have a lease?

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  • 23-09-2018 2:04pm
    #1
    Pussyhands
    Registered Users Posts: 8,239 ✭✭✭


    Have had one year lease for number of years. Is part 4 tenancy irrelevant if there's a lease each year?


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    #2
    whomitconcerns
    Registered Users Posts: 4,359 ✭✭✭whomitconcerns


    Nope a lease can only give you extra rights over a part 4. It can't take any away. You are on a part 4 lease now, with an extra fixed term lease


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    #3
    whomitconcerns
    Registered Users Posts: 4,359 ✭✭✭whomitconcerns


    Nope a lease can only give you extra rights over a part 4. It can't take any away


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    #4
    Pussyhands
    Registered Users Posts: 8,239 ✭✭✭Pussyhands


    whomitconcerns wrote: »
    Nope a lease can only give you extra rights over a part 4. It can't take any away. You are on a part 4 lease now, with an extra fixed term lease

    So things like notice period still need to be followed?

    What happens if they don't adhere to part 4 rules?


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    #5
    dennyk
    Registered Users Posts: 1,701 ✭✭✭dennyk


    Pussyhands wrote: »
    What happens if they don't adhere to part 4 rules?

    Same as any tenancy, you can file a dispute with the PRTB.

    In addition, if they are giving you notice to terminate, that is not generally allowed at all while you're under a fixed-term lease, even for the reasons allowed by Part 4, unless the lease has a clause in it allowing it to be terminated by the landlord at any time. If it has no such clause, the landlord cannot terminate the tenancy at all during the fixed term. When the fixed term is over, they can give you notice to terminate, but it still must be for a reason that's allowed under Part 4 (either because your Part 4 or Further Part 4 tenancy term is ending, or because the landlord is moving in themselves or a family member, selling the property, or performing significant renovations that require vacant possession to complete).


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