Landlord wants new lease!..

D

dmb

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Hi all,
A little advice would be greatly appreciated, My cousin rents a house with his partner and baby, he was telling me he originally took out a 6 moth lease with the landlord through a letting agent. The 6 month lease is almost up now and the letting agent has contacted my cousin on behalf of the landlord and asked him if he intends on staying on as the landlord wants another 6 or 12 month lease signed.

I may be rong but when I used to rent a number of years ago the system ( with my letting Agent anyway ) was that we took out a 6 or 12 month lease on a house, when the 6 or 12 months was up the same conditions of the original lease remained but the lease was then monthly. basicly I mean, we were no longer tied into a fixed term if we wished to leave. We simply had to give our months notice and that was it. I was under the impression this was the law on renting and leases.

I just think if my cousin keeps having to sign 12 month or 6 month leases he will never be able to leave?.. Can the letting agent make you sign another fixed term lease when the original 1 is up?
 
Ok, perhaps I was rong in thing the arrangment i had with our Letting agent was not the usual thing but it actually makes more sence from the tenants point of veiw as if I had to keep signing 12 month leases back then I would never have been able to leave the house when my own was build and ready to move into, would have had to wait until the lease ran out on the rental house first be it months or weeks !.. Thanks for your input BTW Windup
 
It is not normal practice to sign a new lease. You are now on a part 4 tenancy and have no need for a fixed term lease. You can stay in this property for another 3.5 years. You can give notice to leave generally within a month to two months depending.

Do not sign a new lease.
 
Sorry, for misleading you dmb - i had assumed that the letting agent contacting your coisin would lead to a termination if there was no response
 
Maynooth said:
It is not normal practice to sign a new lease. You are now on a part 4 tenancy and have no need for a fixed term lease. You can stay in this property for another 3.5 years. You can give notice to leave generally within a month to two months depending.

Do not sign a new lease.
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Are you sure of this,

Termination of Tenancy here; http://www.prtb.ie/downloads.htm states the following;

‘’Where a tenancy was entered into for a specific period (i.e. a fixed term tenancy) comes to the end of that period, a notice of termination does not have to be issued.

If that period was six months or more and the tenant intends to continue in occupation, he/she must inform the landlord of that intention between one and six months before the expiry date’’.


My understanding of this in the op’s case is their tenancy ends after their six month fixed term lease, and they must vacate. In this case their landlord is offering them another lease, they can accept or leave.

If their fixed term lease was longer than 6 months, and provided the tenants informed the landlord they wished to stay, then Part 4 Tenancy would come into play.

It is also stated in the quick guide to the act under security of tenure on page 3, it states ‘’ the landlord can terminate without specifying grounds during the first 6 months, but for 3.5 years after that Part 4 Tenancy applies.
 
Yes but has the landlord given sufficient notice to leave? In this case the landlord has to write a letter to the tenant indicating he wishes them to leave 28 days before the end of the tenancy. If he fails to do this then the tenant can remain and then after 6 months it becomes a part 4 tenancy.

The tenant does not have to give notice to remain but if they don't then there are possible compensation claims that relate to advertisement costs.
 
Maynooth said:
Yes but has the landlord given sufficient notice to leave? In this case the landlord has to write a letter to the tenant indicating he wishes them to leave 28 days before the end of the tenancy. If he fails to do this then the tenant can remain and then after 6 months it becomes a part 4 tenancy.

The tenant does not have to give notice to remain but if they don't then there are possible compensation claims that relate to advertisement costs.
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I believe in this case neither side has to give notice, the 6 month fixed term tenancy simply ends at 6 months. Part 4 tenancy only applies after 6 months. If they were paying weekly/monthly without a fixed term tenancy, then notice would be required.

‘’Where a tenancy was entered into for a specific period (i.e. a fixed term tenancy) comes to the end of that period, a notice of termination does not have to be issued.
 
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