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fixed term tenancy

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  • 10-09-2022 7:31am
    #1
    dto001
    Registered Users Posts: 253 ✭✭


    Hi,

    Just a quick question (maybe) when a 12 month lease/contract is finished can the landlord not renew the lease and give the correct notice or does he/she have to give the same reasons for asking the tenant to leave?

    Cheers



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    #2
    Giblet
    Registered Users Posts: 11,980 ✭✭✭✭Giblet


    You do not need to renew the lease, as you are under a Part 4 Tenancy after 6 months automatically.

    This means the reasons to ask you to leave are limited to the following.

    Tenant in rent arrears / causing damage, selling the property or taking the property back for themselves or a family member to live in. In cases where they say they are selling, they must provide a letter from their solicitor.


    Depending on when the tenancy was started, Part 4 can last either 6 years, where the cycle begins again, or indefinitely.



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    #3
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    There is no such thing as a fixed term tenancy any more.

    Once a tenant has been in the property for 6 months- they are automatically entitled to a 6 year rolling tenancy. You cannot remove this right from them, come what may (other than under specific conditions, such as selling the property or needing it for personal use).

    So- no point in giving them a 1-2 year fixed term tenancy- it is meaningless.



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    #4
    whomitconcerns
    Registered Users Posts: 4,358 ✭✭✭whomitconcerns


    Its not meaningless, it takes away your and their rights regarding notice, ie they have to pay for the duration of the lease contractually, and you cant give them notice during the term of the lease contractually.

    With a part-4 they could provide their notice anytime (subject to notice periods) and you could provide thenm notice anytime (subject to the requisite reasons)

    So it really depends on whats important to you (but you cant force them to sign a new lease each year!)



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