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Lease Expired, Are Conditions Still Valid?

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  • 05-09-2023 2:42pm
    #1
    Dul
    Registered Users Posts: 2 ✭


    I rent an apartment through an estate agent. I had a fixed term lease for a year. Lease expired mid-August 2023. I didn’t renew it but have remained in the property since. I asked if there was a possibility of having a short term lease, but they never got back to me with an answer.

    I handed in my notice to leave the rental last Friday. One of the special conditions in the lease is that the tenant must pay for a deep cleaning company and provide a receipt as evidence that it was done. My question is, if I never renewed the fixed term lease when it ended, are the conditions within it still applicable to me?



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    #2
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Depends what was written in the original lease you signed, when part 4 kicks in a new lease pointless after six months. My leases include the clause that the conditions set out in the lease continue when the term of the original lease expires. If it doesn't have a clause and the term of the lease has expired its no longer binding.



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    #3
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    You are in a part 4 tenancy and the terms are the same as those of the teanacy of which it is a continuation.

    Residential Tenancies Act


    30.—F88[(1) Subject to subsections (2) and (3), the terms of a Part 4 tenancy shall—

    (a) in the case of a tenancy that continues in existence by virtue of subsection (1) (inserted by subsection (1) of section 5 of the Residential Tenancies (Amendment) Act 2021) of section 28, be those of the tenancy of which it is a continuation,

    (b) in the case of a tenancy that continues in existence in accordance with subsection (3) of section 5 of the Residential Tenancies (Amendment) Act 2021, be those of the tenancy of which it is a continuation, and

    (c) in the case of a new tenancy of a dwelling referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021, be those of the tenancy of that dwelling immediately preceding the new tenancy.]


    The fact the lease does not say this is of no relevance.



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