Landlord Rights Ending a Tenancy

The_Conductor

egg102530 wrote: »

Thanks for the feedback everyone.

It seems my understanding differs from the general consensus of the group here. I was off the impression that once a part 4 comes into effect that these rights and obligations supersede any set out in my fixed term agreement, (from the website: A ‘part 4’ tenancy runs alongside a fixed term tenancy, which means that the tenant shall, after a period of six months and as in the normal course, become entitled to the provision of a ‘Part 4’ tenancy") and hence the right to end the tenancy due to needing the property myself would apply.

The responses from the forum would imply that yes the above is true but ONLY for the tenants rights. i.e. the landlord does not get any rights in terms of part 4?

A fixed term lease can run concurrent to a Part IV tenancy- and impart additional rights on a tenant, but it cannot detract in any manner from the rights a tenant has under a Part IV tenancy.

Aka- there is no reason whatsoever to give a tenant a subsequent fixed term lease- you are simply giving them additional rights to those under the Act- there is nothing in it for you.

From a legislative perspective- the system and the regulatory regime is setup to protect the tenant (almost at any cost). Any rights a property owner has are subservient to those of the tenant save under certain conditions.

FishOnABike

egg102530 wrote: »

Thanks for the feedback everyone.

It seems my understanding differs from the general consensus of the group here. I was off the impression that once a part 4 comes into effect that these rights and obligations supersede any set out in my fixed term agreement, (from the website: A ‘part 4’ tenancy runs alongside a fixed term tenancy, which means that the tenant shall, after a period of six months and as in the normal course, become entitled to the provision of a ‘Part 4’ tenancy") and hence the right to end the tenancy due to needing the property myself would apply.

The responses from the forum would imply that yes the above is true but ONLY for the tenants rights. i.e. the landlord does not get any rights in terms of part 4?

Both tenant and landlord have rights and obligations under the residential tenancy act.

These rights and obligations cannot be contracted out of so any lease can only supplement them for either party.

whomitconcerns

As others all said. You gave them extra rights when you signed a fixed term. Based on what you have said they are entitled to be there at a minimum till the end of the fixed term and then you can give them notice.

So yes, you need to look for a property to rent for yourself in the meantime.

ted1

whomitconcerns wrote: »

As others all said. You gave them extra rights when you signed a fixed term. Based on what you have said they are entitled to be there at a minimum till the end of the fixed term and then you can give them notice.

So yes, you need to look for a property to rent for yourself in the meantime.

No, notice can be before the end of fixed term. So that it’s effective from end of term

egg102530

ted1 wrote: »

No, notice can be before the end of fixed term. So that it’s effective from end of term

Thanks Ted1 - do you have any reference for the above point? I ask because I was off the impression that the fixed term would need to end before I could service notice, i.e. 120 days from Feb 2019. I would be delighted if this was not the case so if you have further detail to back this up I would be happy to look at it. Thanks again