How can I rent out a house for one year only, without entering Part 4 tenacy?

drunat

Registered User
Messages
51
I am getting more and more confused about rental laws in Ireland and at this stage not all of it makes sense to me.
From what I understand Fixed term tenancy agreements are a thing of the past, correct? Nowadays, if you sign a 1 year fixed term tenancy agreement, the tenant will be entitled to stay in the house for 6 years?? But what if I don't want to rent my house for 6 years but only for 1 or 2 years and I have other plans on how I want to use the house after? (not selling/not moving myself or relative).
In fact, signing 1 year fixed term tenancy agreement is disadvantageous to the landlord, because the landlord looses the right to evict the tenant without a reason within 6 months (as allowed in part 4 tenancy agreement), while the tenant gains the right to stay in property for 6 years, even though the agreement is fixed for 1 year??? WTH??? Any solutions as to how a landlord can rent property for more than 6 month but less than 6 years (let's say 1 year as example)?
 
Last edited:
Its doesn't matter what arrangement you set if, the Govt blanket block evictions.
Then even when thats not in place it takes a year or two to evict them legally.

They blocked AirBnb, and now they've blocked anything under 6yrs effectively. They may extend that eventually.
What they want is once a rental always a rental, and you can't take it back. They've pretty much got that in place now.

If you have plans for the property in 12~24 months you'd be daft to rent it.
 
They've pretty much got that in place now
Due to COVID, yes; but that does have an end date and you can still give notice to quit.

Your best bet is to live in the house and rent rooms as a house sharer. Tax free up to 14k and no restrictions on leases.
 
I read one story where someone with a holiday home rented it for 9 months then wanted it back for their family for the other 3 months. Tenant refused to leave after the 9 months claiming tenancy. Technically unless the tenant breached the rules, or the landlord wants it back to sell, or live in. The landlord can't evict the tenant and leave it empty, or re-rent it without offering back to the evicted tenant. If they do they could get a very large fine could be 10k etc. So the landlord in theory has no opportunity to end the lease until 6 years. Of course the landlord could risk the fine not being that large and just do what they want. Plenty do that.

But for a few months or year or two of rent, less tax and expenses and refurbishment it's hardly worth it.

The interesting part of these laws is how it removes supply of short term rental property from the market during a housing crisis. As they did with Airbnb. Much of the latter they claim return to long term letting.

So that's the background. They don't want short term rentals. Trying to do short term rentals is trying to swim upstream. You've got Airbnb rules or long term rentals.
 
I am getting more and more confused about rental laws in Ireland and at this stage not all of it makes sense to me.
....

The problem is no so much the rental laws. But the practicality of not being able to evict people in a legal timely way. Time is money.

They want to make renting, less temporary for tenants. Security of tenure, and less make a fast buck and ignore the rules.

We are told the majority of rentals cause no problems. Disputes are very small number. So most won't have any issues.
 
What would your other plans be?

Something like a short-term letting?
It's irrelevant what my plans are.. - my plans would not fall under the reason of terminating the part 4 tenancy - it could be I want to have a house empty, just in case my friend comes over in a years time or other "just in case" situation.. could be anything.. Surely as a person owning the house, I should be able to select how long I want to rent it for and not being restricted to only 6 months or 6 years? So my questions essentially, are there legal ways to rent for a year, without enterring part 4? I am aware of Covid restrictions and difficult tenants that may not move out after the end of their lease. My question is - is it technically possible to have a 1 year lease agreement only that would legally require tenant to move out after a year?
 
I'm sure sumbody badly looking for a place too live would snap your hand off for a secure place too live for 12months.
 
It's irrelevant what my plans are.. - my plans would not fall under the reason of terminating the part 4 tenancy....

The Govt disagrees with you. The rights of tenancy (in this case part 4) override any plans you have for your property.

 
I'm sure sumbody badly looking for a place too live would snap your hand off for a secure place too live for 12months.

Getting someone in, isn't the problem. It's regaining control of your property if you want it.

This is why when people suggest vacant homes from the fair deal or holiday homes or similar, temporary vacant properties, as a means of easing the housing/homeless crisis. They don't grasp that's is unworkable, under the current regulations.
 
It's irrelevant what my plans are..
I thought you were looking for advice.

A landlord could in theory make a statutory declaration that they intend to sell, evict tenants on that basis, put house on the market, then fail to sell. AFAIK you have to offer it back to previous tenants but in most cases they'll have moved on.

I don't think above solution is ethical, practical, or very cheap. But it's the only option if you want vacant possession for non-family use.
 
It could take longer than 9 months to sell. They didn't really think that through when drafting this legislation.

A more common situation is someone moves away perhaps on contract perhaps for a year, then comes back wanting to move back into their house, but now can't as the tenant won't leave. So the owner is forced then to rent. Perhaps then the tenant stops paying rent, or perhaps constantly pays late or not in full. Owner is then paying mortgage and their own rent.

It can get very complicated. The legislation is too simplistic.
 
.... to sell. AFAIK you have to offer it back to previous tenants but in most cases they'll have moved on...

You have to give it back at the same rent if the property is unchanged also. So if they had to move to a more expensive place they might be best likely to move back to their old place if it's locked into a much lower rent.

That was a loop hole for raising rent circumventing other regulations they wanted to eliminate.
 
Last edited:
ok thank you everyone for your advise. the conclusion as I see it is:
In Ireland a landlord can not rent a house for any time shorter than 6 years (apart from initial 6 months), unless he has a valid reason to terminate tenancy earlier such as moving himself/selling/upgrading/renovating. There is no legal way for a landlord to rent a house for shorter period for example 1 or 2 years if he/she wants to have their house back after 1 or 2 years for any other reason.
 
Well if the tenant and the LL agree to terminate it mutually. You can do that. But thats really the tenant driving that. You just say sure and move on. Very little you can do about it anyway. If they say a year. Then change their mind. You're kinda stuffed.

Or rent a room, or sub let. But thats all getting very messy.
 
Last edited:
In Ireland a landlord can not rent a house for any time shorter than 6 years (apart from initial 6 months), unless he has a valid reason to terminate tenancy earlier such as moving himself/selling/upgrading/renovating.
Correct.
 
So it's ok to rent for 5 months, give a months notice and tennant will hopefully be out by 6 months. You then free to advertise the property and rent for another 6 months.
 
I've been a tenant, owner-occupier, and landlord in my life. The moves toward strengthening tenant protections are on balance a good thing. The old system where you could be thrown out at landlord's whim left a lot of households in a precarious position, and wasn't sustainable when 20% of households are private renters now. It's not a stage in life anymore but something permanent for many people.

On the other hand, landlord protections should have been strengthened too: recovery of unpaid rent is still far too slow and ineffective. There are perverse incentives as well where it makes more sense not to bring the property up to standard, and some landlords are pretty much trapped at rents 30% below market.

Anyway, the chance of strengthening landlords' rights is pretty much zero in the next five years. The only possibility I see is around reform of taxation, which is pretty punitive for the small-time landlord, especially compared to what institutional landlords are able to do.
 
Back
Top