1 year lease expired in June07, now leaving do the T&C's of original lease apply?

[zenzen]

hi! need some advice on this.

We started a lease 3 years ago for an apartment. Originally we signed a one year contract.

When that was up we rang and said we wanted to keep on the apartment and the same last year, and to send on another lease.

The landlord never did so we had no lease on paper for last 2 year.

Our first contract was taken out in June 06.

Is it assumed after this that we are on yearly contracts or what is the story?

We would like to move out now and were going to give him 36 days notice or whatever is required by the threshold website.

Also what is the law regarding viewings?

I think once we give notice he will want viewings but we don't want people in the house unsupervised and are not there a lot in the evening. Do the terms of our original one year contract still stand on viewings?.. or because we have no current written lease does he have no right to give viewings?

Please note we would have no problem on the last week for viewings just not for the entire month.

Any help would be great.

 

[Guest128]

Re: help with lease

hi! need some advice on this - we started a lease 3 years ago for an apartment. originally we signed a one year contract. when that was up we rang and said we wanted to keep on the apartment and the same last year, and to send on another lease. the landlord never did so we had no lease on paper for last 2 year. our first contract was taken out in june 06. is it assumed after this that we are on yearly contracts or what is the story? we would like to move out now and were going to give him 36 days notice or whatever is required by the threshold website.

It only matters what is on paper, word of mouth is of no use and no assumption of 1 year contracts. Hence your lease expired in June07 and now you are there without any binding lease/contract and can move out when you like without penalty (provided you give the correct notice period, as from Threshold like you said).

also what is the law regarding viewings? i think once we give notice he will want viewings but we don't want people in the house unsupervised and are not there a lot in the evening. do the terms of our original one year contract still stand on viewings? or because we have no current written lease does he have no right to give viewings? please note we would have no problem on the last week for viewings just not for the entire month. any help would be great.

I'm not sure on that point, again though I would say that you are no longer in any binding lease agreement so any terms/conditions in that are null and void. However, I do think a bit of give and take regarding facilitation of viewings (by making yourselves available at some predefined evening times, if at all possible) would go a long way in making this a smomth transition for all parties involved.....

 

[ajapale]

Re: help with lease

Moved from Management Companies to Property Investment which is where Landlord / Tenant Rights and Issues are discussed.

 

[zxcvbnm]

I believe flanders is incorrect.

Basically if no new lease is signed yet money is continued to bpaid in then by law it is assumed the original contract is ongoing - albeit not newly re-signed by parties involved.

I am a landlord and that is written in to the leases i download from topfloor.ie.

However - i belive that even if it is not explicitly stated in the contract it is still the case.

 

[Guest128]

No, I still believe I am correct. From downloading your lease, the following is noted:

On expiration of this Tenancy Agreement the tenancy may continue after the term as follows:
• for a further fixed term, by mutual agreement.
• by the Tenant serving on the Landlord notice to claim a Part 4 Tenancy for 4 years commencing from the
original Commencement Date, provided that the Tenant has been in continuous occupation for 6 months.
Such notice must be received no earlier than 3 months and no later than 1 month prior to the expiry of
this Agreement.
• in the absence of any formal agreement to continue after the term, the tenancy will continue as a periodic
month-to-month under the original terms and conditions of the Agreement

Point 3 is the relevant one - the tenancy continues on a month-to-month basis, under the original terms and conditions. I don't think that the the original one year term is extended for another year.

If you think about it, you cant assume that no formal agreement translates into people being locked in for another year when they haven't signed for it....leases have start and end dates for a reason.