Lease expired and no new lease requested by agent or landlord.

Discussion in 'Property investment and tenants' rights' started by Up Rovers, Mar 8, 2017.

  1. Up Rovers

    Up Rovers Frequent Poster

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    Last edited: Mar 8, 2017
    Hi All,

    Just looking for some advice please regarding my daughter's lease on her apartment. She has held a lease for a year through estate agent. She has never met the landlord and all her dealings have been with the agent.

    Her lease expired in February and she sent the agent an e-mail reminder before the lease fell due. She has not heard anything from agent or the landlord.

    As it may suit her because she is looking for a larger apartment is it best to leave the situation as it stands or should she contact the agent and sign up again. Her tenancy was registered with the PRTB when she first took up residency.

    Thanks.
     
    Last edited: Mar 8, 2017
  2. facetious

    facetious Frequent Poster

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    Fear not! As no further fixed term lease was signed, her tenancy automatically became a Part 4 tenancy which includes any special conditions in the original fixed term lease (e.g. No smoking in the property). Her current Part 4 tenancy is a continuation of her fixed term lease but with less security of tenure.

    However, if she intends to vacate and move somewhere else, the Part 4 tenancy is more suitable as she only has to give the correct notice in writing providing the correct notice period which, as she would have been in the apartment for more than 1 year but less than 2 years, would be 42 days.

    If she talks to the agents, they may agree to a shorter period especially if she allows viewings before she leaves. These viewings should be allowed on certain days at certain times - say Wednesdays afternoons between 2 p.m. and 4 p.m. and Fridays in the mornings from 1 a.m. to12 midday.

    If she had a fixed term lease, she would have to get permission for an assignment and find a replacement tenant and pay any expenses involved. Under a Part 4 tenancy, she does not have to find a replacement tenant.
     
  3. Up Rovers

    Up Rovers Frequent Poster

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    Thank you very much for your reply. I will pass the good news on to her, she will be pleased.
     
  4. facetious

    facetious Frequent Poster

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    507
    You're welcome. Hope it all works out.