What does 'Temporary Convenience' mean in lease agreement for an apartment ?

TimmyTimmy

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I'm reading the lease agreement for an apartment I plan to move to next week, it is mostly the same as every other one I've had but there is a list of Special Conditions, the first of which is

"It is hereby agreed and declared by the parties hereto that this tenancy is for the temporary convenience of the Landlord only."

From my googling it seems this is an attempt to avoid the agreement being covered by standard landlord / tenant legislation.

Is that indeed the affect of the line, or is it harmless? I'm afraid to make a fuss out of as it's crazy competitive trying to get an apartment right now (I'm in Dublin) and the landlord would have no shortage of other prospective tenants who probably wouldn't even read the document before signing it.

Any insight is greatly appreciated.
 
I'm not quite sure what that clause actually means.

As I read it, "the temporary convenience of the Landlord only" may be an attempt to deprive you of your legal rights to remain in the property for a total of 4 years. Once a tenant has been in a property for 6 months, they are entitled to remain there for a total of 4 years without signing any other agreement other than the first agreement. This is called a Part 4 tenancy.

However, a Part 4 tenancy is not as secure as a fixed term agreement and a landlord may evict a tenant under certain conditions such as if the landlord wants the property for his own use or that of a close relative. Most of the 6 possible conditions have certain other conditions which the landlord must adhere to otherwise he will be in breach of the Notice of Termination and liable to pay damages to the ex tenant.

In my opinion, the clause in question would be invalid should a claim be brought against the landlord who tries to invoke the clause. You should get in writing exactly what that clause means. Just because a clause is in a lease does not mean that the clause is valid.
 
Yes, when you are there for six months, you have a Part 4 tenancy and that gives you various rights even if the lease seeks to deprive you if them.

However, as I understand it, you have no Part 4 rights before this 6 months is up. So this clause COULD deprive you in the first 6 months.
 
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