Extending our Lease

Sully

Hey
So I've a fixed term lease due to expire in October, it was a year lease. We have zero interaction with our landlord, briefly at the beginning but the apartment was handled by an agent but they stepped away once they secured the tenant for the landlord.

We would be interested in extending our lease. But I don't know what way to do it. We won't stay if the rent goes up as it's already high for us.

Does the landlord contact us to advise what they intend to do next in terms of yes we can stay on and the rent will be X or do we do the approach?

dennyk

You do not have to sign a new fixed term lease to remain in the property; you now have security of tenancy under Part 4 of the Residential Tenancies Act and for six years from the date your tenancy commenced the landlord can only terminate your tenancy for certain allowable reasons. See more here:

https://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

Your only obligation is to notify your landlord in writing at least one month before the lease expires that you wish your tenancy to continue; you do not need to sign a new lease. If you don't notify the landlord, you don't lose your security of tenancy rights under Part 4, but you might be responsible for any costs the landlord incurs as a result of your failure to notify him that you were staying, e.g. if he paid listing fees to relist the property for let because he assumed that you were leaving.

As for a rent increase, if your property is in a Rent Pressure Zone that existed *before* your tenancy began, then your landlord can increase your rent after you've been in the property for one year, but only by a maximum of 4% per year. If your property is in an RPZ that was designated *after* your tenancy began, then your landlord can't raise your rent for the first time until you've been there for two years (but can then raise it once per year thereafter). If you are not in an RPZ at all, then your landlord can only raise your rent once every two years, but there is no cap on the rent increase (other than requiring it to be "market rent" which the landlord must demonstrate by providing listings of three comparable properties in his rent review notice). See this page for more info on RPZs and rent reviews:

https://www.citizensinformation.ie/en/housing/renting_a_home/rent_increases.html