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1 year lease ending. What now?

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  • 25-05-2020 11:19am
    #1
    Jibbs
    Registered Users Posts: 65 ✭✭


    Morning All,

    The lease on my flat expires at the end of June. It was a 1 year lease. I know that I have fixture of tenancy under schedule 4 but do I need to sign a new lease?

    Ideally at the moment I would like to go onto a monthly rolling lease as I'd like to get a bigger place in a few months if rents come down. Can I do this and just give the landlord 30 days notice when I intend to leave or do I need to sign a new lease with a fixed term?

    Any and all help appreciated.

    Thanks!


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    #2
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    You don't need to sign a new lease as you now have a Part 4 tenancy.

    Statutory notice periods increase depending on the overall length of the tenancy. Between 1 and 2 years your notice period is 42 days, notice periods are different for landlords:

    https://onestopshop.rtb.ie/ending-a-tenancy/notice-periods-that-a-landlord-should-give/


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    #3
    Jibbs
    Registered Users Posts: 65 ✭✭Jibbs


    Thanks Graham. Much appreciated.


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    #4
    Curious1002
    Registered Users Posts: 225 ✭✭Curious1002


    Graham wrote: »
    You don't need to sign a new lease as you now have a Part 4 tenancy.

    Statutory notice periods increase depending on the overall length of the tenancy. Between 1 and 2 years your notice period is 42 days, notice periods are different for landlords:

    https://onestopshop.rtb.ie/ending-a-tenancy/notice-periods-that-a-landlord-should-give/

    Graham, can I just ask you if it's possible that on the last day of the lease a landlord could show up at the apartment and tell the tenant "please leave the keys with the neighbour tomorrow"?
    If there was no conversation about renewal of the lease then maybe the landlord will assume that when the lease is up the tenant has to leave?

    Or maybe the landlord HAS TO communicate to the tenant clearly 30 days before the end of the lease that he/she is not going to renew the lease and if failing to communicate this to the tenant they automatically become Part 4 tenants.


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    #5
    challengemaster
    Registered Users Posts: 16,930 ✭✭✭✭challengemaster


    Curious1002 wrote: »
    Graham, can I just ask you if it's possible that on the last day of the lease a landlord could show up at the apartment and tell the tenant "please leave the keys with the neighbour tomorrow"?
    If there was no conversation about renewal of the lease then maybe the landlord will assume that when the lease is up the tenant has to leave?

    Or maybe the landlord HAS TO communicate to the tenant clearly 30 days before the end of the lease that he/she is not going to renew the lease and if failing to communicate this to the tenant they automatically become Part 4 tenants.

    Part 4 is acquired after 6 months, not a year. After that point, the tenants are entitled to stay there for a further 5 and a half years, regardless of the term on the lease.
    If a tenancy lasts 6 months or more (known as a 'Part 4' tenancy), the landlord must give a ground, as to why a tenancy is ending. By law, the grounds to end a tenancy must be one of the following:

    1. The tenant has breached their responsibilities
    2. The property is not suited to the tenant’s needs
    3. The landlord requires the property for personal or family use*
    4. The landlord wants to sell the property
    5. Significant refurbishment of the property*
    6. The use of the property is changing*



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    #6
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    Curious1002 wrote: »
    Graham, can I just ask you if it's possible that on the last day of the lease a landlord could show up at the apartment and tell the tenant "please leave the keys with the neighbour tomorrow"?
    If there was no conversation about renewal of the lease then maybe the landlord will assume that when the lease is up the tenant has to leave?

    Or maybe the landlord HAS TO communicate to the tenant clearly 30 days before the end of the lease that he/she is not going to renew the lease and if failing to communicate this to the tenant they automatically become Part 4 tenants.

    Can't happen. The landlord has to issue a notice of termination under one of the part 4 grounds. It is not a valid ground of termination that the original term of the lease has expired. If a landlord what you are suggesting, the tenant would have a claim from breach of the right to peaceful enjoyment.


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    #7
    Curious1002
    Registered Users Posts: 225 ✭✭Curious1002


    Thanks to you both. All is clear now.


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    #8
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Note- you do have to advise the landlord in advance, that you intend to continue the lease at the end of the fixed term lease. This notice should be at least the length of the statutory notice were you to end the tenancy. If you fail to do so, while you are entitled to stay, you are also liable for any costs incurred by the landlord should he/she seek to let the property to a subsequent tenant (such as advertising, agency fees, RTB fees etc).

    So- if you intend to stay- you have to tell the landlord- at least 35 days before the elapse of the fixed term lease.


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