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What is the deal with lease renewal after 1 year?

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  • 29-11-2022 2:06pm
    #1
    Registered Users Posts: 1,690 ✭✭✭


    Got my place mid-December last year.

    Just got a message from my rental agent asking if I wanted to "renew my lease".

    I was under the impression that after one full year of tenancy there was security of tenure.

    In other words, even if a lease wasn't in place I could not be subject to potentially losing the property.

    I simply have overwhelming difficulty trusting rental agents (based on past experience).

    Naturally I replied confirming my wish to extend the lease but, case example and say they neglected to contact me (cause I hadn't given any thought to lease renewal for the above reason), could I have potentially been subject to an eviction notice following the date of expiry on the initial lease??

    🤨

    In physics we trust....... (as insanely difficult to decipher as it may be)



Comments

  • Registered Users Posts: 1,690 ✭✭✭Sugar_Rush


    Am in the position where I should have been obliged to contact them ahead of time for lease renewal?

    In physics we trust....... (as insanely difficult to decipher as it may be)



  • Posts: 0 [Deleted User]


    You must have gotten the water pump noise sorted so!

    No need for a new lease as part 4 should be in effect, a new lease is of no benefit to you if anything a new lease could tie you down if you intend leaving in the next few months. You can let the agent know that you intend staying if you like but there is no need to signup to a new agreement.



  • Registered Users Posts: 827 ✭✭✭farmingquestion


    I'm the same at the moment. I think the agent gets a fee for renewal so that's probably why they want to do it.



  • Registered Users Posts: 23,514 ✭✭✭✭ted1


    once you are there 6 months just use the below:

    Dear landlord,

    I will be continuing my tenancy under part 4.

    regards,

    renant



  • Registered Users Posts: 1,690 ✭✭✭Sugar_Rush


    Is this all that's required?

    Double confirmation?

    Damn those rental agents are slippery AF. 🤨

    In physics we trust....... (as insanely difficult to decipher as it may be)



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  • Registered Users Posts: 1,690 ✭✭✭Sugar_Rush


    Yeah I got that organized thankfully.

    Turns out the emergence of tinnitus (which I still have) was from something else...... vaccine related, worst possible timing.

    Basically moved in on Saturday, water pump making me nuts, got the vaccine on Tuesday;

    Then Tuesday night I get tinnitus and naturally I think the water pump caused it.

    ......

    Highly improbable I'm leaving here in the next 12 months based on the current market, but I think even if I did want to leave a four week notice period would be okay with most landlords?

    Especially with this demand.

    ............

    Additionally if they sell I think a lease might give me security of tenure until the end of that lease versus the standard 3 months... ?

    In physics we trust....... (as insanely difficult to decipher as it may be)



  • Posts: 0 [Deleted User]


    I'm sure whoever drafts the new lease agreement will leave themselves enough wriggle room to end it early if they need to. You could always ask to review the lease first and decide after if signing up to a new year is in your interest, if its not just continue under part 4.



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


    It doesn't matter about most landlords. What matters is your current landlord.



  • Registered Users Posts: 1,700 ✭✭✭dennyk


    You're under no obligation to sign a new fixed-term lease. Under Part 4, your landlord can only terminate your tenancy for a few specific reasons, such as if they are selling the property, moving in themselves, or performing substantial renovations that require vacant possession for a long period of time for health and safety reasons.

    The advantage to a fixed term lease for you is that, unless the lease itself allows, your landlord wouldn't be able to terminate the tenancy during the lease term even for those reasons. The downside is that you also can't just terminate the tenancy yourself during the fixed term either, though you always do have the option of asking to assign the tenancy to a new tenant you find, and if the landlord refuses you can then terminate early with no penalty.

    The letting agent most likely wants you to sign a lease because they charge the landlord an administration fee for "processing" a new lease. They cannot terminate your tenancy just because your current fixed term is over and you decline to sign a new fixed term lease.

    If you neglect to advise your landlord (or their agent) that you plan to remain in the property at least a month before your fixed term ends, then they could technically pursue you for any costs they incur as a result of your failure to notify them of your intent to remain, e.g. listing fees they paid to relist the property for rent or nonrefundable fees on cleaning or other services they'd arranged in anticipation of your departure. In practice, that's very unlikely, but just to be safe you should notify them in writing of your intent to remain under Part 4 as soon as possible. Even if you don't notify them in time, that has no effect on your security of tenure under Part 4.



  • Registered Users Posts: 3,991 ✭✭✭spaceHopper


    It's this, the agent knows you have part 4 rights, they are only asking so they can charge the LL for asking. I'd forget about it. FIY if the pump is constantly kicking its a sign of one of two things, a leaky pipe or a drip from a tap or toilet, it can be hard to spot with toilets but it's easy to fix.



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