Confused re Part 4 tenancy and how much notice we need gived

M

Marigold77

Registered User
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We had a one year lease initially, since when, for a year now, no lease. I gather that that means we are in a Part 4 tenancey, Please, how much notice do we need to give and under what circumstances can we give notice of leaving..

Thank you
 
You are a tenant right ? I believe it's the original time set in the lease which is usually a month.
 
yes a tenant, but I seem to remember differnt things applied in a Part 4 tenancy Maybe I have this wrong
 
Marigold77 said:
We had a one year lease initially, since when, for a year now, no lease. I gather that that means we are in a Part 4 tenancey, Please, how much notice do we need to give and under what circumstances can we give notice of leaving..

Thank you
Click to expand...
A tenant is required to give notice in writing and must give specific information in that notice. There is an example Notice of Termination with notes on completion on the PRTB website.
[broken link removed]

Therefore if a tenant ends a tenancy by giving a landlord less than the required period of notice, or only verbal notice, or a written notice that does not comply with the Act, it is at the landlord's discretion whether to make a deduction from the deposit in respect of the outstanding rent appropriate to the notice period to which he/she was entitled by way of a valid Notice of Termination.

Notice periods for a tenant giving notice are:
Duration of Tenancy > Notice Period
Less than 6 months > 28 days
6 or more months but less than 1 year > 35 days
1 year or more but less than 2 years > 42 days
2 or more years > 56 days

Note: Landlords giving Notice, the periods differ from the above.
 
Marigold77 said:
Please, how much notice do we need to give and under what circumstances can we give notice of leaving..
Click to expand...

Not sure what you mean by "circumstances" - if you just want to move on then Facetious gives the link to the sample letters. If you feel the landlord is in violation of his responsibilities that may be different.

Marigold77 said:
We had a one year lease initially, since when, for a year now, no lease. I gather that that means we are in a Part 4 tenancey,
Click to expand...

From this I understand that you are there for a total of 2 years? From Facetious' post if you are there less than 2 years the notice period is 42 days and if over 2 years it's 56 days.
 
Marigold77 said:
We had a one year lease initially, since when, for a year now, no lease. I gather that that means we are in a Part 4 tenancey, Please, how much notice do we need to give and under what circumstances can we give notice of leaving..

Thank you
Click to expand...
Sorry, I missed the second part of the question.

One of the advantages of a Part 4 tenancy, for the tenant, is that he can give notice to Terminate the tenancy for no reason at all - if he just wants to leave, give the landlord a valid Notice of termination and before the notice period expires, vacate the property. The tenant is entitled to the return of his deposit except for damage beyond normal wear and tear. Rent will be due up to and until the notice period ends whether the tenant vacates the property before the end of the notice period.

With a fixed term lease the tenant may only leave and retain the deposit, by assigning the remainder of the lease to a new tenant and all the costs of finding the tenant are the responsibility of the out-going tenant. Thus, a Part 4 tenancy is easier to get out of, but the Part 4 does have its downside in that the landlord can remove a tenant under 6 grounds or reasons as set out in the RTA 2004.
 

Thanks; yes this is what I was after. Cannot believe we are having to contemplate this .
 
If the landlord is not fulfilling his obligations, make a claim with the PRTB. In many cases the PRTB make the landlord pay damages for their breaches and this can run into 4 figures! Claims have been not only for breaching their obligations as set out in the RTA 2004, but also for breaches in the Housing standards regulations.

In order to make a valid claim, you need proof of the breach and the fact that you have advised the landlord of any issues. Always do this in writing (all contact with a landlord should be in writing especially when there are any type of problems), keeping a dated copy for your records (and PRTB evidence), stating the landlord has a reasonable time to effect a remedy. A reasonable time is generally considered as about 14 days which should be stated in the letter (either 14 days from the date of the letter or by a specific date abouy 2 weeks in the future). Failure to remedy any problem may render the landlord in breach of his obligations and therefore a successful claim.

Furthermore, a landlord is prohibited from penalising a tenant from making a claim - which would be another breach of his obligations.
 
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